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High Court of KeralaWP(C)/20168/2015closed

Unnikrishnan v. The Superintendent Of Police Malappuram

2015-07-17Honourable 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 FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 WP(C).No. 20168 of 2015 (U) ---------------------------- PETITIONER(S):

-------------- UNNIKRISHNAN, AGED 69 YEARS, S/O.KUNJIKRISHNAN NAIR, PUZHAKKATTIRI AMSOM, KADUGAPPURAM DESOM, BAALIPPARA PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE RESPONDENT(S):

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

1. THE SUPERINTENDENT OF POLICE MALAPPURAM, MALAPPURA P.O.-676 505, MALAPPURAM DISTRICT.

2. THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM P.O.-676 505 MALAPPURAM DISTRICT.

[THE ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS 'THE SUB INSPECTOR OF POLICE PERINTALMANNA POLICE STATION PERINTALMANNA PO - 679 322 MALAPPURAM DISTRICT.'AS PER ORDER DATED 15.07.2015 IN IA 10061/15.]

3. ARAVINDAKSHAN, AGED 59 YEARS, S/O.KUNJIKRISHNAN NAIR, PUZHAKKATTIRI AMSOM, KADUGAPPURAM DESOM, BAALIPPARA PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 326. R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20168 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 14.10.2014 IN O.S.NO.162/2012 ON THE FILES OF MUNSIFF COURT, PERINTHALMANNA. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P.(C).No. 20168 of 2015 ---------------------------------------------- Dated this the 17th July, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner and the learned Government Pleader.

2. This Writ Petition has been filed by the petitioner alleging Police harassment. The petitioner's case is that a partition suit being O.S.No.125 of 2015 is pending before the Civil Court in which the third respondent is the first plaintiff and the petitioner is one of the defendants. It is submitted that the Sub Inspector of Police has called the petitioner and is asking the petitioner to settle the dispute. Undue influence is being exerted on the petitioner.

3. The learned Government Pleader, after obtaining instructions, submitted that on the complaint received

W.P(C).20168/15 from the third respondent, the Police called both the parties and after enquiring about the issue, all the parties have given their signatures stating that they will abide by the orders of the Court and the complaint has been closed on 23.4.2015 itself.

In view of the fact that the complaint having been closed by the Police, we do not find that there is any case of Police harassment. However, it is open for the parties to approach the Civil Court, if any further orders are required. The Writ Petition is closed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs