High Court of KeralaWP(C)/16547/2015closed

K.N.Narayanan v. Sub Inspector Of Police

2015-06-15Honourable 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 MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 WP(C).No. 16547 of 2015 (P) ---------------------------- PETITIONER :- --------------- K.N.NARAYANAN KANDANANICKAL HOUSE, UZHAVOOR, MEENACHIL TALUK KOTTAYAM DISTRICT.

BY ADV. SRI.A.K.HARIDAS RESPONDENTS :- ----------------

1. SUB INSPECTOR OF POLICE KURAVILANGAD POLICE STATION, KOTTAYAM-686001.

2. C.S.PRASANNAKUMARI, GREESHMA NIVAS, ETTUMANOOR.P.O, KOTTAYAM-686101. R2 BY ADV. SRI.S.S.KISHOR KUMAR R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 16547 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1 TRUE COPY OF ATTACHMENT ORDER OF FAMILY COURT, ETTUMANOOR IN OP.1238/11 WITH TRANSLATION.

EXT.P2 TRUE COPY OF COMPLAINT WITH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.16547 of 2015 ------------------------------------- Dated this the 15th day of June 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court alleging harassment by police. It is stated that the 2nd respondent, his wife has filed O.P.No.1238 of 2011 before the Family Court, Ettumanoor and his property having an extent of 87 cents in Resurvey No.347/5 has been attached. It is submitted that the petitioner is now prevented from taking usufructs from the property on the guise of the order passed by the Family Court. 2.

Learned Government Pleader on instructions would submit that the police had to interfere in the matter on the basis of the complaint filed by the 2nd respondent stating that the petitioner is violating the order of interim attachment. 3.

Having regard to the aforesaid factual situation, we do not think that it will be proper for this Court to interfere in the matter, when the dispute is pending before the Family Court in respect of the property in question. The petitioner is free to

W.P.(C) No.16547 of 2015 -: 2 :- approach the Family Court and obtain appropriate orders. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt