High Court of KeralaWP(C)/29983/2015closed

Thomas v. The Sub Inspector Of Police

2015-10-14Honourable 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 WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 29983 of 2015 (W) ---------------------------- PETITIONERS :

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1. THOMAS, AGED 57 YEARS, S/O.MICHAEL, THELAKKATTU HOUSE, CHERANALLOOR KARA, KOOVAPPADY VILLAGE, ERNAKULAM DISTRICT.

2. GEORGE, AGED 44 YEARS, S/O. SHAURU, VADAKKEPURATHAN HOUSE, CHERNALLOOR KARA, KOOVAPPADY VILLAGE, ERNAKULAM DISTIRCT.

BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS :

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1. THE SUB INSPECTOR OF POLICE, ELAMAKKARA - 682 026.

2. MARYDASAN @ DASAN, AGED 38 YEARS, S/O.JOSEPH, CHAKKALAKKAL (PERUMANA CHAKKALAKKAL), PONEKKARA, PONEKKARA P.O., EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN - 682 041.

R1 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29983 of 2015 (W) ---------------------------------- APPENDIX PETITIONERS' EXHIBITS :

EXT.P1 : TRUE COPY OF THE REGISTERED LAWYER NOTICE DATED 12.02.2015. EXT.P2 : TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. EXT.P3 : TRUE COPY OF THE PETITION IN RCP 33/2015 BEFORE THE RENT CONTROL COURT, ERNAKULAM.

RESPONDENTS' EXHIBITS :

NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 29983 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioners and learned Government Pleader. No notice is being issued to respondent No.2 in view of the order which is being passed.

2. This writ petition has been filed alleging police harassment. Petitioners' case in the writ petition is that they has obtained an ex-parte decree against the 2nd respondent, who according to the petitioners, is their tenant. They submit that police authorities, at the instance of 2nd respondent, are unduly harassing them.

3. Learned Government Pleader after obtaining instructions submits that the 2nd respondent filed a complaint making allegations against the petitioners that they have obtained certain documents from him without bonafide and under coercion and threat. He submits that police authorities had called the petitioners and 2nd respondent on account of the

WP(C) No. 29983 of 2015 -:2:- said complaint and after noticing the fact that the issue between the parties is of civil nature, police has not taken any further action in the matter.

In view of the above submission, we see no case of police harassment. The Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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