High Court of KeralaWP(C)/1789/2015closed

Ibrahim P.M. v. State Of Kerala

2015-01-19Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 1789 of 2015 (W) --------------------------- PETITIONER :

--------------- IBRAHIM P.M., AGED 41 YEARS, S/O.MOIDEEN, APARTMENT NO.12A, SOORYA ENCLAVE KADAVANTHRA POST, ELAMKULAM, COCHIN-682020.

BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DEPUTY COMMISSIONER OF POLICE KOCHI CITY, ERNAKULAM - 682 018.

3. T.G.VARGHESE, AGED 53 YEARS, A1, HIG FLATS HIG AVENUE, KADAVANTHRA MANAGING DIRECTOR M/S.BLUE DOT CONSTRUCTIONS PVT.LTD.- 682 012.

4. P.R.SHIBURAJ, AGED 44 YEARS S/O.RAMACHANDRAN NAIR, HOUSE NO.18404, PRANAVAM HOUSE PERUMBOOTA ROAD, ELAMAKKARA - 682 026.

R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1789 of 2015 (W) -------------------------------- APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : TRUE COPY OF THE O.S. 931/2011 OF SUB COURT, ERNAKULAM. EXT.P2 : TRUE COPY OF THE PLAINT IN O.S. 78/2013 OF SUB COURT, ERNAKULAM. RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1789 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to 3rd and 4th respondents in view of the order which is being passed.

2. By this writ petition the petitioner has prayed for a direction to 2nd respondent or his subordinates not to interfere in the civil dispute pending between the petitioner and respondents 3 and 4. The writ petition is filed alleging police harassment.

3. Learned Government Pleader submits that on receiving complaint from the party respondents, both parties were summoned, but they did not appear. It has been stated by learned Government Pleader that civil dispute is pending between the parties in two suits and looking to the facts of the case, as it is a civil dispute, police authorities have not proceeded any further.

WP(C) No. 1789 of 2015 -:2:-

4. We do not find any case of police harassment. There being suits pending before civil court, parties may get their right settled by approaching the civil court. With the above observation, the writ petition is closed. Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

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