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High Court of KeralaWP(C)/22674/2015closed

Rangorath Gokula Prasad v. State Of Kerala

2015-07-28Honourable 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 TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 22674 of 2015 (H) ---------------------------- PETITIONER :- ----------------- RANGORATH GOKUL PRASAD, AGED 45 YEARS S/O.LATE A.GOPINATHAN, 1ST FLOOR, 15/307 "SREYASS", SHORNUR, PALAKKAD.

BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENTS :- ----------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. STATE POLICE CHIEF, KERALA POLICE, KERALA POLICE HEAD QUARTERS VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

3. CIRCLE INSPECTOR OF POLICE, OTTAPALAM-679101, PALAKKAD DISTRICT.

4. SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, SHORNUR-679121 PALAKKAD DISTRICT.

5. VELAYUDHAN, SUB INSPECTOR OF POLICE, SHORNUR-679121 PALAKKAD DISTRICT.

6. SREEKUMAR, S/O.V.JANAKIYAMMA, "SREYASS", KARAKKAD AMSOM SHORNUR, PALAKKAD, PIN-679121.

7. SOMAN, "CHOTHY", VAKKADA, NEAR ERIPURAM MAHA VISHNU TEMPLE KALLIPADAM.P.O, SHORNUR, PALAKKAD DISTRICT-679122. R1 to R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22674 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1 TRUE COPY OF PLAINT IN O.S.397 OF 2015 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT,OTTAPALAM AND DATED 24.7.2015.

EXT.P2 TRUE COPY OF I.A.1990/2015 IN O.S.397/2015 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT,OTTAPALAM AND DATED 24.7.2015.

EXT.P3 TRUE COPY OF AFFIDAVIT DATED 25.7.2015 OF THE COUNSEL FOR THE PETITIONER APPEARED BEFORE THE MUNSIFF'S COURT,OTTAPALAM. EXT.P4 TRUE COPY OF I.A.1991/2015 IN O.S.397/2015 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, OTTAPALAM AND DATED 24.7.2015.

EXT.P5 TRUE COPY OF JUDGMENT DATED 3.6.2014 IN WP(C)13770/2014 PASSED BY THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.22674 of 2015 ------------------------------------- Dated this the 28th 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 being issued to respondents 5 to 7 in view of the order, which is being passed in the writ petition. 3.

The petitioner is a tenant of the premises belonging to the 6th respondent. Petitioner's case is that, an original suit, O.S.No.397 of 2015, was filed by the petitioner, in which, an interim injunction has been obtained against forcible eviction. But, the police authorities are harassing the petitioner, calling him to the police station and asking him to vacate the premises. 4.

Learned Government Pleader on instructions would submit that on receipt of the complaint dated 8.7.2015, the petitioner was called over telephone and informed about the complaint. The police authorities, after coming to know about the fact that civil dispute is pending, closed the complaint on 9.7.2015.

W.P.(C) No.22674 of 2015 -: 2 :- We do not find any case of harassment by police in the present case. Accordingly, the writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt