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High Court of KeralaWP(C)/28582/2015closed

Prakashan v. Circle Inspector Of Police

2015-09-22Honourable 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 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 28582 of 2015 (W) ------------------------------------------- PETITIONER(S) :

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1. PRAKASHAN, AGED 54 YEARS, S/O.GOVINDAN, CHELOOR MARASSERY HOUSE, CHELOOR P.O., THRISSUR DISTRICT.

2. SURESH, S/O.KUNJU, CHELOOR MASASSARY HOUSE, CHELOOR P.O., THRISSUR DISTRICT.

BY SRI.RANJITH THAMPAN (SENIOR ADVOCATE) ADV. SMT.P.R.REENA RESPONDENT(S) :

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1. CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, IRINJALAKUDA, THRISSUR DISTRICT, PIN- 680 121.

2. SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, IRINJALAKUDA, THRISSUR DISTRICT, PIN- 680 121.

3. SASI, S/O.SANKARAN, CHELOOR MARASSERY HOUSE, CHELOOR P.O., THRISSUR DISTRICT, PIN- 680 121.

4. SUPERINTENDENT OF POLICE (RURAL), AYYANTHOLE, THRISSUR.

R1, R2 & R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 28582 of 2015 (W) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE INJUNCTION ORDER OF THE COURT OF THE ADDITIONAL SUB JUDGE IRINJALAKUDA IN I.A.NO.736/2015 IN CMA.NO.12/2015 DATED 06.03.2015.

EXHIBIT P2: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE SUPERINTENDENT OF POLICE (RURAL) THRISSUR DATED 16.09.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 28582 of 2015 ================== Dated this, the 22nd day of September, 2015

J U D G M E N T

Shaffique, J.

Petitioners have approached this Court alleging harassment by the police. It is stated that they have obtained an interim order of injunction restraining the respondents therein from causing any obstruction to the petitioners in the matter relating to entering into the temple for worshipping and participating in the festival being conducted in the temple. It is stated that the 3rd respondent with the influence of respondents 1 and 2 has summoned the petitioners to the Police Station on several occassions and are unnecessarily harassing and preventing the petitioners from going to the temple and participating in the festival. 2.

Learned State Attorney on instructions would submit that on the basis of complaint received from one Mr.Mani, petitioners were summoned and on enquiry it was understood that the issue involved between the parties was a civil dispute

W.P(C) No.28582/15 -:2:- and therefore the complaint itself has been closed. 3.

Learned State Attorney submits that other than that, no harassment as alleged has been meted out against the petitioners.

4.

Learned senior counsel appearing for the petitioners would submit that it is on account of obtaining the interim order that the harassment is being meted out against them. Having regard to the fact that police is not interfering in the civil dispute between the parties, we do not think that any direction as sought for is required to be passed in this case.

We record the submission of the learned State Attorney and close the writ petition.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp 22/9/2015 //True Copy// PS to Judge