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High Court of KeralaWP(C)/16277/2015closed

Jagadamma v. The Sub Inspector Of Police

2015-06-02Honourable 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 TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 16277 of 2015 (H) ---------------------------- PETITIONER(S) :- -------------------

1. JAGADAMMA, AGED 64 YEARS W/O.JAYANTHAN, FLAT NO.9D1, INTERNATIONAL GARDEN GATE MANJADI, THIRUVALLA.

2. JAYANTHAN, AGED 80 YEARS S/O.K.K.NARAYANAN, FLAT NO.9D1 INTERNATIONAL GARDEN GATE, MANJADI, THIRUVALLA. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S) :- ------------------

1. THE SUB INSPECTOR OF POLICE RAMANKARY, KUTTANADU TALUK ALAPPUZHA DISTRICT.688 001.

2. ANIYANKUNJU J S/O.JOSEPH THOMAS, MAVUMPARAMBIL, VAZHAPRA RAMANKARY, KUTTANAD - 688 001.

3. JOSEMON S/O.JOSEPH THOMAS, MAVUMPARAMBIL, VAZHAPRA RAMANKARY, KUTTANAD - 688 001.

4. SIBY JOSEPH S/O.JOSEPH THOMAS, MAVUMPARAMBIL, VAZHAPRA, RAMANKARY KUTTANAD - 688 001.

R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16277 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P-1: TRUE COPY OF THE PLAINT IN OS NO.5/2015 FILED BY THE 2ND RESPONDENT AGAINST THE IST PETITIONER BEFORE THE SUB COURT, ALAPPUZHA.

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

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 16277 of 2015 ---------------------------------------------- Dated this the 2nd June, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to respondents 2 to 4 in view of the order, which is being passed.

2. This Writ Petition has been filed alleging police harassment. The petitioners' case is that they were out of India and have come back only few days back. It is submitted that they came to know that certain matters are pending before the Police Station against them. It is submitted that there is already a civil dispute pending between the parties being O.S.No.5/2015 of the Subordinate Judge's Court, Alappuzha.

WP(C).16277/15

3. The learned Government Pleader, on instructions, would submit that a case has already been registered being Crime No.140/2015, hence, the petitioners might appear for recording their statement and the Police authorities have nothing to do with the civil litigation. In view of the above facts, we are of the view that present cannot be said to be police harassment. The petitioners can approach the competent Court for appropriate orders.

With the above observation, the Writ Petition is closed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs2/6/15