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High Court of KeralaWP(C)/34679/2015dismissed

Mohanan V v. The Director General Of Police

2015-11-17Honourable 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 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 34679 of 2015 (H) -------------------------------------- PETITIONER(S):

----------------------- MOHANAN V., AGED 66 YEARS, S/O.VELAPPAN PILLAI, SARASWATHY BHAWAN, MARUTHANKUZHY, KANJIRAMPARA, THIRUVANANTHAPURAM.

BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S):

-------------------------

1. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM-695 001.

2. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM-695 002.

BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 34679 of 2015 (H) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE OUTPATIENT TICKET ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.

EXT.P2: TRUE COPY OF THE JUDGMENT DTD.26.11.2009 IN WP(C) NO.26133/2009 OF THIS HON'BLE COURT.

EXT.P3: TRUE COPY OF NEWS ITEMS APPEARED IN MATHRUBHOOMI DAILY DTD.5.11.2015.

EXT.P3(a): TRUE COPY OF NEWS ITEMS APPEARED IN MALAYALA MANORAMA DAILY DTD.5.11.2015.

EXT.P4: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DTD.5.11.2015. EXT.P5: TRUE COPY OF THE RECEIPT DTD.5.11.2015 ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

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

------------------------------------- W.P.(C)No.34679 of 2015 ---------------------------------- Dated this the 17th day of November, 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 his vehicle was seized by the police by using a recovery van while it was parked in front of his house. Thereafter, he is being constantly threatened that he will be arrested in non bailable offence.

2. The learned Government Pleader on instruction would submit that the vehicle of the petitioner was being parked in such a way that it disrupted the traffic and it had to be removed by the Police, using a pick-up van. Thereafter, notice has been issued to the petitioner for production of records relating to the vehicle, but he has not appeared before the police. Crime No.1527/15 has been registered and the vehicle had been produced before the learned Magistrate having jurisdiction.

W.P.(C)No.34679 of 2015

3. Accordingly, the learned Government Pleader submits that the petitioner was not harassed as alleged. Having regard to the aforesaid factual situation, we do not think that seizing of vehicle with a recovery van for removing the same from public place does not amounts to any harassment by the police. Hence we do not think that any direction as sought for can be granted. Accordingly, we close this writ petition.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge