High Court of KeralaWP(C)/11032/2015closed

Joy.A.T. v. C.P.Gopinathan

2015-04-09Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11032 of 2015 (D) ---------------------------- PETITIONER:

------------------- JOY.A.T. AGED 45 YEARS S/O.THIMOTHY, ARANGASSERI HOUSE KARIMPADAMNILAM PARAMBU, KALLAI (P.O) PANNIYANKARA AMSOM, DESOM, KOZHIKODE TALUK KOZHIKODE DISTRICT, PIN 673 003 BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS:

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1. C.P.GOPINATHAN, AGED 62 YEARS S/O.CHATHU NAIR, 'JIJINI, KODAPALLY PARAMBU KOTTOOLI(P.O), KOZHIKODE TALUK, KOZHIKODE DISTRICT PIN 673 016

2. N.P RADHAKRISHNAN, 'DIVYA', POYITHAZHA, ULLIYERI(P.O.) KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN -673 620

3. THE SUB INSPECTOR OF POLICE, KASBA POLICE STATION, KASBA, KOZHIKODE PIN 673 001

4. THE ASSISTANT COMMISSIONER OF POLICE, KOZHIKODE SOUTH, KOZHIKODE, PIN-673 001

5. THE DISTRICT POLICE CHIEF, KOZHIKODE, PIN 673 001

6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001 R3 TO R6 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

------------------------------------------ W.P.(C) No. 11032 of 2015 (D) ------------------------------------------ Dated this the 9th day of April, 2015

J U D G M E N T

Ashok Bhushan, C.J.

Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well. We have not issued notice to party respondents in view of the order which is being passed.

By this writ petition the petitioner has prayed for a direction to the 3rd respondent not to harass the petitioner in connection with the civil dispute pertaining to the Trust, which is now pending before the Munsiff's Court, KanjikodeII, as O.S. No.289/2015. 3.

The learned Government Pleader, after obtaining instructions, would submit that the dispute regarding the Trust is pending in the Civil Court. He further submits that

W.P.(C) No.11032/2015 -2after receipt of the complaint, the Police has enquired about the matter and after finding that a civil dispute is pending, no further action is taken by the Police.

The learned counsel appearing for the petitioner further submits that subsequent to the filing of the petition, the keys were given to the Police.

We are of the view that civil suit being pending, all issues may be raised before the civil court and considered. With these observation, the writ petition is closed. SdASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M. SHAFFIQUE, JUDGE.

/TRUE COPY/ PA TO JUDGE jjj