Saju v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27654 of 2015 (F) ---------------------------- PETITIONERS :- ----------------
1. SAJU P.K., AGED 40 YEARS S/O.K.C.KUNJUKUTTY, ABY VILLA, KARAVALOOR PATHANAPURAM TALUK, KOLLAM.
2. JYOTHIKUMAR, AGED 47 YEARS S/O.GOPALA PILLAI, G&O SADANAM, CHEMMANTHOOR PUNALUR, PATHANAPURAM, KOLLAM.
BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS :- ----------------
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2. THE SUPERINTENDENT OF POLICE KOLLAM RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE KOLLAM RURAL, KOTTARAKKARA, PIN - 691 506.
3. THE CIRCLE INSPECTOR OF POLICE PUNALUR POLICE STATION, KOLLAM DISTRICT PIN - 691 305.
4. THE SUB INSPECTOR OF POLICE PUNALUR POLICE STATION, KOLLAM DISTRICT PIN - 691 305.
5. RAJNEESH, AGED 40 YEARS S/O.BALAN, RAJESH BHAVAN, EDAMON PATHANAPURAM TALUK, PIN - 691 307.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27654 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1. TRUE COPY OF THE AGREEMENT DATED 14.07.2007. EXHIBIT P2. TRUE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBT P3. TRUE COPY OF THE PLAINT IN OS 328/2010 PENDING BEFORE THE MUNSIFF COURT, PUNALUR.
RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.27654 of 2015 --------------------------------------- Dated this the 14th day of September 2015
J U D G M E N T
Ashok Bhushan, CJ.
Heard the learned counsel for the petitioners and the learned Government Pleader.
2.
No notice is required to be issued to the 5th respondent, in view of the order, which is being passed in the writ petition. 3.
This writ petition has been filed by the petitioners alleging police harassment. It is stated that they have purchased a vehicle from the 5th respondent. Petitioners' case is that the 5th respondent is trying to re-possess the said vehicle, for which, the petitioners have filed a suit as O.S.No.328 of 2010 before the Munsiff's Court, Punalur, which is still pending. It is stated that on the complaint filed by the 5th respondent, respondents 2 and 3 have called the petitioners to the police station, which is nothing, but harassment.
4.
Learned Government Pleader on instructions would submit that though a complaint was received from the 5th respondent, who is the registered owner of the vehicle and since
W.P.(C) No.27654 of 2015 -: 2 :- the suit filed by the petitioners has been dismissed, the petitioners were called to the police station and after verifying the dispute, it was found by the police authorities that the dispute is of civil nature, no further steps have been taken.
Recording the aforesaid statement made by the learned Government Pleader, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt