Mathew Jacob v. Sukumaran Nair

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 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 29396 of 2015 (Y) ---------------------------- PETITIONER(S) :- ------------------ MATHEW JACOB, AGED 40 YEARS S/O.K.M.CHACKO, KOTTACKAL HOUSE, KUTTAPUZHA P.O. THIRUVALLA.

BY ADV. SMT.INDU SUSAN JACOB RESPONDENT(S) :- ------------------

1. SUKUMARAN NAIR ELANKANA GARDENS, B STREET VELLAYAMBALAM THIRUVANANTHAPURAM-695001.

2. MRS.JAYASHREE W/O.SUKUMARAN NAIR, ELANKANA GARDENS B STREET VELLAYAMBALAM, THIRUVANANTHAPURAM-695001.

3. S.RADHAMMA M/O.MRS.JAYASHREE, ELANKANA GARDENS B STREET VELLAYAMBALAM, THIRUVANANTHAPURAM-695001.

4. MANOHARAN SUB INSPECTOR OF POLICE OFFICE OF THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM - 695001.

5. COMMISSIONER OF POLICE THIRUVANANTHAPURAM-695001.

R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

----------------------------------------- W.P.(C) No.29396 of 2015 ----------------------------------------- Dated this the 29th day of September 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court alleging harassment by police. It is stated that under the coercion and influence of the police, the petitioner was forced to enter into an agreement, by which, the petitioner had to pay certain amount to the first respondent. On the basis of the said agreement, the police is unnecessarily calling him to pay the amount as agreed. 2.

Learned State Attorney on instructions would submit that the petitioner is also involved in the business of money lending. A complaint came to be filed by respondents 1 and 3 alleging that the petitioner had sold their property for an amount of `70 lakhs. However, only an amount of `10 lakhs was paid and the balance amount has not been paid till now. On the basis of the complaint received, the parties were summoned and when it was understood that a civil suit is pending, in which, the only relief sought for is to cancel the said sale deed, the police did not interfere in the matter and closed the complaint as early as on

W.P.(C) No.29396 of 2015 -: 2 :- 27.7.2015. It is submitted that the police is not involved in execution of any agreement and is not aware of any such arrangement between the parties.

Having regard to the aforesaid submission of the learned State Attorney, we do not think that the case put forward by the petitioner relates to any harassment by police. We record the submission made by the learned State Attorney and close the writ petition.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/30.9.2015.