S.K.Sajeev v. The Commissioner 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 THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 PETITIONER(S):
-------------- SAJEEV.S.K., AGED 54 YEARS, S/O. KARUNAKARAN, FLAT NO. 8B, JM PARADISE, PALARIVATTOM, COCHIN 25 BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S):
------------- 1.
THE COMMISSIONER OF POLICE, KOTTAYAM 2.
THE SUPERINTENDENT OF POLICE, KOTTAYAM 3.
THE S.I. OF POLICE, ETTUMANOOR POLICE STATION, ETTUMANOOR, KOTTAYAM 4.
JOY CHEMMACHEL, JYES FARMS, ONAMTHURUTHU VILLAGE, NEENDUR, KOTTAYAM DISTRICT 5.
JOSE KUDILIL, PRESIDENT, NEENDUR PANCHAYATH ONAMTHURUTHU VILLAGE, NEENDUR, KOTTAYAM DISTRICT 6.
THOMAS KOTTOOR, FORMER PRESIDENT AND MEMBNER, NEENDUR PANCHAYATH ONAMTHURUTHU VILLAGE, NEENDUR, KOTTAYAM DISTRICT 7.
P.K. VIJAYAN, S/O. THATTAN KRISHNAN, PARICHAKARI PADASHEKHARAM, VALLAPPILLI HOUSE, NEENDOOR, ONAMTHURUTHU VILLAGE, NEENDUR, KOTTAYAM DISTRICT
8.
THOMASKUTTY JOSEPH, S/O. JOSEPH, NALPATHIL HOUSE, NEAR PERUNNA SUBTAMANIAM TEMPLE, CHANGANACHERRY 9.
M. MURALI, MEMBER, NEENDUR PANCHAYATH, ONAMTHURUTHU VILLAGE, NEENDUR, KOTTAYAM DISTRICT BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER';S EXTS:
EXT.P1: TRUE COPY OF THE JUDGMENT IN W.P.C.
2622/2015 DATED 27-01-2015 EXT.P2: TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 4-2-2015 EXT.P3: TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 12-11-2013 EXT.P3(A): TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 12-1-2015 EXT.P3B: TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 24-2-2015 EXT.P3 C: TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 24-2-2015 EXT.P3D: TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 24-2-2015 EXT. P4: TRUE COPY OF THE COMPLAIANT MADE BY THE PETITIONER EXT.P5: TRUE COPY OF THE RECEIPT NO.
2279/2015 DATED 6-1-2015 EXT.P6: TRUE COPY OF THE REPRESENTATION 24-22015 WITH PHOTOGRAPH EXT.P7: TRUE COPY OF THE REPRESENTATION DATED NIL
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P.(C ) No. 7058 of 2015 - F ....................................................... Dated this the 5th March 2015
JUDGMENT
Shaffique, J.
Petitioner has approached this Court alleging police harassment and also seeking police protection. It is, inter alia, contended that at the instance of private respondents, police is unnecessarily summoning the petitioner to the police station . It is also contended that the petitioner had given certain complaints against the 4 th respondent which resulted in the harassment being meted out by private respondents as well as the police against the petitioner. He had represented before the District
W.P.(C ) No.7058 of 2015 Collector, which is pending consideration.
2. Learned Government Pleader, on instructions, submitted that a crime has been registered against the petitioner. This was on account of the fact that the petitioner had made certain constructions in his property having an extent of 70 cents whereby a bund which is part of the padasekharam was closed. The Panchayath authorities namely; respondents 5 and 6 had called upon the petitioner for an enquiry and he did not turn up nor did he offer any explanation. No steps were also taken to rectify the damage caused. Accordingly, on the basis of the complaint given by the Panchayath Authorities, crime has been registered.
Having regard to the aforesaid factual situation, we do not think that this is a case involving harassment by the police. Police is only investigating a Crime at the instance of the Panchayath Authorities. In such circumstances, we are of the
W.P.(C ) No.7058 of 2015 view that no orders could be passed as prayed for in this Writ Petition. Accordingly, this Writ Petition is dismissed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /ttrue copy/ P.S.to Judge