Thilakan v. The Deputy Superintendent Of Police
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 FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 4467 of 2015 (G) --------------------------- PETITIONERS:
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1. THILAKAN AGED 50 YEARS S/O.ASSARI, RESIDING AT KUZHUMAN MELE CHINCHU NIVAS MANAPPURAM, MALAYINKEEZHU VILLAGE THIRUVANANTHAPURAM DISTRICT.
2. LATHIKA AGED 45 YEARS D/O.SANTHAMMA RESIDING AT KUZHUMAN MELE CHINCHU NIVAS MANAPPURAM MALAYINKEEZHU VILLAGE THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS:
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1. THE DEPUTY SUPERINTENDENT OF POLICE NEDUMANGADU, PIN-695541.
2. THE STATION HOUSE OFFICER MALAYINKEEZHU POLICE STATION THIRUVANANTHAPURAM DISTRICT-695571.
3. RAJAPPAN, AGED 50 YEARS S/O.NARAYANAN, MACHEL VISHNU VIHAR, MARUKIL DESOM MALAYINKEEZHU VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM -695121.
BY SENIOR GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4467 of 2015 (G) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 :
TRUE COPY OF THE ORDER DATED 12.09.2014 IN CRL.M.C.NO. 2217/2014 OF THE SESSIONS COURT (VACATION COURT), THIRUVANANTHAPURAM RESPONDENT'S EXHBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ
ASHOK BHUSHAN, Ag. C.J.
& A.M. SHAFFIQUE, J ------------------------------------------ W.P.(C) No. 4467 of 2015 ------------------------------------------ Dated this the 20th day of February, 2015
J U D G M E N T
Ashok Bhushan, Ag.C.J.
Heard the learned counsel for the petitioners and the learned Government Pleader. No notice is required to be issued to the 3rd respondent in view of the nature of Judgment being passed in the Writ Petition.
2.
By this Writ Petition, the petitioner have prayed for a direction to respondents 1 and 2 not to interfere in the civil dispute between the petitioners and 3rd respondent in any manner.
3.
Petitioners' case in the Writ Petition is that petitioners are husband and wife, who had entered into an agreement on 31.01.2010 with the 3rd respondent.
W.P.(C) No. 4467/2015 -2However, the 3rd respondent could not execute the sale deed and the matter is pending in the Civil Court as O.S. No.270/2012. The allegation made by the petitioners is that, petitioners have been called at the Police Station and asked to bring an amount of Rs.50,000/-, which the petitioners did pay to the 3rd respondent.
4.
The learned Government Pleader, after obtaining instructions, submitted that the allegation that Police had put any pressure on the petitioners to make the payment to the 3rd respondent is totally incorrect. It is submitted that petitioners were summoned to the Police Station on the basis of a complaint which was forwarded by the Schedule Caste Commission, filed by the 3rd respondent against the petitioners. It is further submitted that the petitioners' statements have been recorded and report has already been forwarded to the Scheduled Caste/Scheduled Tribe
W.P.(C) No. 4467/2015 -3Commission and no further action is being taken by the Police authorities in that context. In the above view of the matter, we do not find this is a case of any kind of police harassment.
With the above observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE.
Sd/- A.M. SHAFFIQUE, JUDGE.
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