Harikumar v. The Deputy Superintendent Of Police

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 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 WP(C).No. 20929 of 2015 (M) ---------------------------- PETITIONER :

---------------- HARIKUMAR A. AGED 50 YEARS S/O.APPUKKUTTAN PILLAI, HARITHA NIVAS, PALLIVILA VATTAPPARA, THIRUVANANTHAPURAM.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS :

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1. THE DEPUTY SUPERINTENDENT OF POLICE ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN-695 101.

2. MAHESH, AGED 36 YEARS S/O.MURALEEDHARAN NAIR, CHANDRAVILASAM BUNGALOW PALLIVILA, KAZHUNAD MURI, VATTAPPARA VILLAGE NEDUMANGADU, THIRUVANANTHAPURAM-695 541.

R1 BY SR. GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20929 of 2015 (M) --------------------------------- APPENDIX PETITIONER'S EXHIBIT :

EXT.P1 : TRUE COPY OF THE COMPLAINT DATED 07.07.2014 SUBMITTED TO THE DIRECTOR GENERAL OF POLICE, KERALA.

RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

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

---------------------------------- W.P.(C) No.20929 of 2015 -------------------------------------- Dated this the 14th day of July 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.

No notice is required to be issued to 2nd respondent in view of the order, which is being passed in the writ petition. 3.

This writ petition has been filed alleging police harassment. Petitioner's case is that three civil suits are pending between the petitioner and the 2nd respondent in respect of a pathway situated in between their property. It is submitted that the petitioner was called by the police twice and pressure is being put on him.

4.

Learned Government Pleader on instructions would submit that on a complaint submitted by the 2nd respondent, the petitioner was called earlier, wherein it was alleged that the petitioner had demolished the boundary wall on the eastern side. Another complaint was filed on 1.7.2015 alleging that the petitioner was obstructing the way of the 2nd respondent. The police went there, recorded the statement and closed the matter and the parties have been directed to keep peace.

W.P.(C) No.20929 of 2015 -: 2 :- 5.

In view of the aforesaid factual situation, we are of the view that present is not a case of any police harassment. The parties may get their right settled through the competent civil court.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt