Anand Venugopal Nair v. State Of Kerala
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 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 16991 of 2015 (Y) ----------------------------------------- PETITIONER(S) :
------------------------- ANAND VENUGOPAL NAIR, AGED 49 YEARS, S/O.LATE A.S.VENUGOPAL, PUSHPAVILASOM BUNGALOW, KAITHAVANA, SANATHANAPURAM P.O,, ALAPPUZHA-688 003. BY ADVS.SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN SMT.APARNA C.MENON RESPONDENT(S) :
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 003.
2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001.
3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA- 688 003.
4. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA- 688 003.
5. GEETHANJALI R.K. NAIR, W/O.RADHAKRISHNAN NAIR S., P6 SR OFFICER'S ENCLAVE, J.B.NAGAR P.O, BANGALORE, KARNATAKA STATE-560 046.
6. AIR MARSHAL S. RADHAKRISHNAN NAIR, SASO TRAINING COMMAND, P6 SENIOR OFFICER'S ENCLAVE, J.B.NAGAR P.O, BANGALORE, KARNATAKA STATE- 560 046.
7. D.NARAYANA PANICKER, CHAITHANYA HOUSE, KUTTAN SWAMY JUNCTION, SANATHANAPURAM P.O, KALARKODE, ALAPPUZHA- 688 003. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 16991 of 2015 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
TRUE COPY OF THE PLAINT O.S.NO.5189/14 FILED BEFORE THE MUNSIFF'S COURT, ALLEPPEY BY THE PETITIONER. P2:
TRUE COPY OF THE INJUNCTION PETITION I.A.NO.5189 OF 2014 FILED IN O.S.NO.1084 OF 2014 FILED BEFORE THE MUNSIFF'S COURT ALLEPPEY. P3:
TRUE COPY OF THE ADHAR CARD ISSUED TO THE PETITIONER BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA. P4:
TRUE COPY OF THE STATEMENT OF BANK ACCOUNT IN H.D.F.C. BANK FROM 2008 TO 2009.
P5:
TRUE COPY OF THE STATEMENT OF ACCOUNT RECEIVED FROM HDFC BANK, ALLEPPEY FROM 01.05.2015 TO 31.05.2015. P6:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.05.2015.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
================ W.P (C) No. 16991 of 2015 ================ Dated this, the 8th day of June, 2015
J U D G M E N T
Shaffique, J Petitioner has approached this Court alleging harassment by the police. It is stated that he had filed a suit as OS No.1084/2014 claiming partition and separate share of the property, which, according to him, is in joint possession with the other rightful owners. According to him, at the instance of the 5th respondent, 4th respondent is threatening and harassing him. 2.
Learned Government Pleader, on instructions, would submit that petitioner had preferred a complaint seeking police protection as Ext.P6 alleging that there is force exerted on him to vacate from the residential building. Similar complaint had been filed by the 5th respondent also. The police had summoned both the parties and the matter is posted today (8/6/2015) for enquiry. Apparently, it is a civil dispute concerning right to use the property and therefore the police does not intend to interfere in
W.P (C) No. 16991/15 -:2:- the matter and the only purpose for summoning the petitioner and the 5th respondent is on account of a request for police protection.
3.
Having regard to the aforesaid submission of the learned Government Pleader, we do not think that a case of harassment has been meted out against the petitioner as alleged. Accordingly, we do not find any ground to interfere in the matter. Writ petition is dismissed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge