Reji v. The District Police Chief

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 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 26740 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- REJI, S/O.JOSEPH KOSI, LEMON VILLA, CMC- 27, CHERTHALA.

BY ADV. SRI.B.PRAMOD.

RESPONDENT(S):

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

1. THE DISTRICT POLICE CHIEF, ALAPPUZHA- 688 001.

2. THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA -688 524.

3. FAIZAL, S/O.PAREED, KIZHAKKEKOTTOOR, AROOKKUTTY P.O., VADUTHALA, CHERTHALA -688 524.

R1 & R2 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 26740 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. COPY OF THE RECEIPT DATED 09.06.2015 GIVEN BY THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P2. COPY OF THE PETITION DATED 25.08.2015 FILED BEFORE THE 2ND RESPONDENT WITH ITS ENGLISH TRANSLATION. EXHIBIT P3. COPY OF THE RECEIPT DATED 26.08.2015 ISSUED BY THE 2ND RESPONDENT WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4. COPY OF THE RECEIPT DATED 26.08.2015 ISSUED BY THE 1ST RESPONDENT WITH ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

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

* * * * * * * * * * * * * W.P.C.No.26740 of 2015 ---------------------------------------- Dated this the 10th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the 3rd respondent in view of the judgment being passed today. 2.

This writ petition has been filed by the petitioner seeking police protection. Petitioner's case is that there was certain oral agreement with the 3rd respondent regarding sale of the land belonging to the petitioner's sister and her husband. It is submitted that the transaction could not materialise and now 3rd respondent is threatening the petitioner who has also visited the house of the petitioner. Petitioner, in this context, has already submitted Ext.P2 complaint to the police authorities. 3.

The learned Government Pleader, after obtaining instructions, submits that after receipt of the complaint, police authorities have called the petitioner as well as the 3rd respondent. Statement of the 3rd respondent was recorded since

petitioner did not turn up. Having found that there is a dispute between the parties pertaining to financial transaction, police authorities decided not to take any further steps in the matter. 4.

In the above view of the matter, we see no reason to issue any direction as far as there is a dispute between the parties regarding financial transaction. Remedy available to the petitioner is to approach the Civil Court for appropriate relief. We only observe that if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file necessary complaint before the police who shall look into the matter and take appropriate action, in accordance with law. With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr