Vijayaraj v. Chandrakumar

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 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 18361 of 2015 (U) ---------------------------- PETITIONER :

------------------ VIJAYARAJ, S/O.CHELLAYYAN NADAR, AGED 53 YEARS, V.S.NIVAS, THAZHEKARKKALA, PARASSUVAIKKAL DESOM, PARASSUVAIKKAL VILLAGE, NEYYATTINKARA.

BY ADV. SRI.R.GOPAN RESPONDENTS :

----------------------

1. CHANDRAKUMAR,CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION, NEYYATTINKARA.

2. BIJUKUMAR, SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, NEYYATTINKARA.

3. SUMATHY, D/O.JEEVANESSAN A.B.BHAVAN, KEEZHETHOTTAM, PARASSALA P.O., PARASSALA DESOM, PARASSALA VILLAGE.

4. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY SENIOR GOVERNMENT PLEADER SRI. C.K. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 18361 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

PHOTOCOPY OF THE JUDGMENT DATED 3.3.2015 IN OP(C)NO.573/2015 OF THIS HONOURABLE COURT.

P2:

PHOTOCOPY OF THE CERTIFICATE DATED 1.6.2015 ISSUED BY DR.RAJESH, C.P., MD (GEN.MEDICINE), GENERAL HOSPITAL, NEYYATTINKARA. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

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

================ W.P (C) No. 18361 of 2015 ================= Dated this, the 25th day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

This writ petition has been filed alleging police harassment. It is submitted that civil suit numbered as OS No.1162/2014 is pending between the petitioner and the 3rd respondent. It is submitted that at the instance of the 3rd respondent, the petitioner is being called by the police authorities and unduly harassed.

3.

Learned Government Pleader after obtaining instructions submits that on receiving complaint from the 3rd respondent that petitioner assaulted her, police called the petitioner only once and after recording the statement, it transpired that there is a civil dispute between the parties. Hence, the complaint has been closed.

W.P (C) No. 18361/2015 -:2:- In the above view of the matter, we do not find this a case of police harassment. Writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge