Prasad v. The Sub Insepctor Of Police, Karunagappally

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 THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 --------------------------- PETITIONER(S)/PETITIONER:

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1. PRASAD, AGED 54 YEARS S/O. DIVAKARAN, AZAD BHAVAN, ADINADU THEKKUMURI KOLLAM DISTRICT.

2. DIVAKARAN, AGED 88 YEARS S/O. KANNAMBALLI THARAYIL KRISHNAN, MUTHALASSERI ADINADU THEKKUMURI, KOLLAM DISTRICT.

BY ADVS.SRI.V.PHILIP MATHEW SRI.N.K.THANKACHAN SRI.GIBI.C.GEORGE RESPONDENT(S)/RESPONDENTS:

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1. THE SUB INSEPCTOR OF POLICE, KARUNAGAPPALLY KOLLAM DISTRICT-690547.

2. THE DISTRICT POLICE CHIEF, KOLLAM-691001.

3. SIVANANDAN, S/O. KUNJRAMAN, MEENATHERIL VEEDU PULIYOOR VANCHI PADINJARU MURI, THODIYOOR KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

4. RAJAMMA MEENATHERIL VEEDU, PULIYOOR VANCHI PADINJARU MURI THODIYOOR, KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

5. SOMAN, MEENATHERIL VEEDU, PULIYOOR VANCHI PADINJARU MURI THODIYOOR, KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

6. THANKAMANI SOMAN, MEENATHERIL VEEDU, PULIYOOR VANCHI PADINJARU MURI THODIYOOR, KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

7. SAJEESH SOMAN MEENATHERIL VEEDU, PULIYOOR VANCHI PADINJARU MURI THODIYOOR, KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

8. RAJENDRAN S/O. KUNJUPANICKAR, THUNDIL HOUSE, THODIYOOR KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

9. ASHA RAJENDRAN THUNDIL HOUSE, THODIYOOR, KARUNAGAPPALLY KOLLAM DISTRICT-690523.

10. THULASEEDHARAN S/O. SREEDHARAN, ARYABHAVANAM, KALLELIBHAGOM MURI KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

11. ANI @ NJOLAPPAN VADAKKEKATTIL, PULIYOORVANCHI THEKKU, THODIYOOR KARUNAGAPPALLY, KOLLAM DISTRICT-690523.

BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXHIBIT P1- COPY OF COMMON ORDER DATED 09-01-2015 PASSED BY THE MUNSIFF COURT, KARUNAGAPPALLY IN I.A.NO. 2059/2014 AND IN I.A.NO. 2248/2014 IN O.S.NO. 461/2014.

EXHIBIT P2- COPY OF REPRESENTATION DATED 22-01-2015 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P2(A)- ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3- COPY OF THE RECEIPT DATED 22-01-2015 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

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

....................................................... W.P. (C )No. 3758 of 2015 -B ....................................................... Dated this the 5th day of February 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner as well as the learned State Attorney. No notice is being issued to private respondents in view of the order being passed. 2.

The grievance of the petitioner is that in spite of the complaint filed on 22 nd January, 2015, which was received on the same day, neither enquiry has been conducted nor action taken by the police authorities. He submits that there is a dispute between the parties regarding a temple which is pending before the Civil Court where the Civil Court has already appointed a Receiver on 9 th January, 2015.

W.P. (C )No. 3758 of 2015 -B

3. Be that as it may, since a complaint has been submitted to the Sub Inspector of Police, we are of the view that the said complaint be looked into and appropriate action may be taken in accordance with law.

With the above observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judged