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High Court of KeralaWP(C)/13450/2015closed

Suresh Babu v. Jyothikumar

2015-05-20Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 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 WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WP(C).No. 13450 of 2015 (E) ---------------------------- PETITIONER(S) :- ------------------ SURESH BABU TC 17/1229 (27), SRA 157(1), SASTHA NAGAR PANGODU, THIRUMALA PO, THIRUVANANTHAPURAM-695 006. BY ADVS.SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN SRI.S.K.HARISH SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY RESPONDENT(S) :- -----------------

1. JYOTHIKUMAR SRA 194, PLAMOOTTIL, SASTHA NAGAR PANGODU, THIRUMALA PO, THIRUVANANTHAPURAM-695 006.

2. P.M. SNEHA, W/O.JYOTHIKUMAR PLAMOOTTIL, SASTHA NAGAR, PANGODU THIRUMALA PO, THIRUVANANTHAPURAM-695 006.

3. THE SUB INSPECTOR OF POLICE POOJAPPURA POLICE STATION, POOJAPPURA THIRUVANANTHAPURAM - 695 012.

4. THE CIRCLE INSPECTOR OF POLICE MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695 033.

5. SRI. V.SURESH KUMAR ASSISTANT COMMISSIONER OF POLICE (CANTONMENT) THIRUVANANTHAPURAM - 695 001.

R3 TO R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13450 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1 - TRUE COPY OF SALE DEED NO.2177/1999 DATED 1/9/1999. EXT.P2 - TRUE COPY OF SALE DEED NO.4643/2004 DATED 29/12/2014. EXT.P3 - TRUE COPY OF STATEMENT DATED 13/2/2015 OF THE PETITIONER RECORDED BY THE 3RD RESPONDENT.

EXT.P4 - ROUGH SKETCH SHOWING THE LIE AND NATURE OF THE PETITIONER'S AND 1ST RESPONDENT'S PROPERTIES. EXT.P5 - TRUE COPY OF COMPLAINT DATED 18/4/2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13450 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned State Attorney appearing for respondents Nos.3 to 5. No notice is being issued to respondent Nos. 1 and 2 in view of the order which is being passed.

2. This writ petition has been filed alleging police harassment. Petitioner's case is that a complaint was filed by party respondents to the Sub Inspector of Police claiming pathway through petitioner's property. The matter was enquired by Sub Inspector of Police and as it was a civil dispute, the matter was closed. It is submitted that thereafter 5th respondent has called the petitioner to appear at the police station and 5th respondent is putting pressure on the petitioner to provide pathway from the petitioner's property. 3.

Learned State Attorney after obtaining instructions submitted that a complaint was received by 5th

WP(C) No. 13450 of 2015 -:2:- respondent on which both parties were summoned on 25.04.2015. He also submitted that the 5th respondent looked into the matter and after coming to know that the dispute is of a civil nature the complaint has been closed.

In view of the above statement we see no reason to entertain the writ petition. The Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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