P S Syamji v. The Director General Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33382 of 2015 (W) ---------------------------- PETITIONER :

------------------ P .S .SYAMJI, AGED 49 YEARS, S/O. SURENDRANATH, POZHIKKAL, KANICHUKULANGARA P.O., CHERTHALA.

BY ADV. SRI.B.PRAMOD RESPONDENTS :

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1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, 695001.

2. THE ASST. COMMISSIONER OF POLICE, KOCHI CITY, 682031.

3. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ERNAKULAM, 682031.

4. THE SUB INSPECTOR OF POLICE PALARIVATTOM POLICE STATION, ERNAKULAM, 682016.

5. JOSHY JOSEPH S/O.K.V.JOSEPH, EDELWEISS, VISWAMBARAN ROAD PAPPANAMKODE P.O., THIRUVANANTHAPURAM-695001. R1 TO R4 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33382 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE PHOTOGRAPH OF THE STAFF OF THE SAID CONCERN FIGURING BOTH THE PETITIONER AND THE 4TH RESPONDENT.

EXHIBIT-P2:

TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-01-BU-5999.

EXHIBIT-P3:

TRUE COPY OF THE INSURANCE POLICE OF THE VEHICLE BEARING REG.NO.KL-01-BU-5999.

EXHIBIT-P4:

TRUE COPY OF THE PHOTOGRAPH OF THE HANDLING OVER OF THE VEHICLE TO THE PETITIONER.

EXHIBIT-P5:

TRUE COPY OF THE RECEIPTS DATED 17.7.2015 AND 5.10.2015 SHOWING THE PAYMENT OF THE EMIS TO THE STATE BANK OF TRAVANCORE.

EXHIBIT-P6:

TRUE COPY OF THE RECEIPTS DATED 23.05.2015 SHOWING REMITTANCE RS.49,000/-.

RESPONDENT(S)' EXHIBITS :

NIL.

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

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

* * * * * * * * * * * * * W.P.C.No.33382 of 2015 ---------------------------------------- Dated this the 6th day of November 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned State Attorney. No notice is being issued to the 5th respondent in view of the judgment being passed today.

2.

Petitioner, by this writ petition, has prayed for a direction to respondents 2 to 4 not to interfere in the dispute between the petitioner and the 5th respondent over the right over the car bearing Reg.No.KL-01-BV 5999. Petitioner's case is that the car belongs to him although it was purchased in the name of the 5th respondent, in whose favour the registration is made. 3.

The learned State Attorney, on instructions, would submit that on receipt of a complaint from the 5th respondent, both the parties were called at the police station and after knowing the nature of dispute, police have advised the parties to get their rights settled in a competent civil court.

Recording the aforesaid submission of the learned Government Pleader, we close this writ petition. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/06/11/2015