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High Court of KeralaWP(C)/38277/2015closed

Suresh v. State Of Kerala

2015-12-17Honourable 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 K.RAMAKRISHNAN THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 38277 of 2015 (H) ------------------------------------------ PETITIONER(S) :

------------------------- SURESH, S/O.RAGHAVAN, HOUSE NO.33, K.C NO.XVIII/131, M.G.STREET, A.V.R NAGAR, THAMARAKKULAM, KOLLAM. BY ADVS.SRI.R.SURAJ KUMAR SMT.V.BEENA SMT.V.DEEPA RESPONDENT(S) :

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

1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU P.O., THIRUVANANTHAPURAM - 695 001.

3. THE DISTRICT POLICE CHIEF, KOLLAM - 691 001.

4. THE CITY POLICE COMMISSIONER, KOLLAM - 691 001.

5. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM - 691 001.

6. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM - 691 001.

7. SHEEBA MADHU, W/O. MADHUSOODHANAN, 'CHOTHI', SV NAGAR - 109, PULIYATHU MUKKU, AYATHIL P.O., KOLLAM- 691 001. R1 TO R6 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 38277 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

A TRUE COPY OF THE PETITION (RCP) OP NO. 67/2012 DATED 19.11.2012 ON THE FILE OF THE RENT CONTROL COURT, KOLLAM. P2:

A TRUE COPY OF THE OBJECTION IN (RCP) OP NO. 67/2012 DATED 18.10.2013 ON THE FILE OF THE RENT CONTROL COURT, KOLLAM.

P3:

A TRUE COPY OF THE REPRESENTATION DATED 07.12.2015 ON THE FILE OF THE COMMISSIONER OF POLICE, KOLLAM.

RESPONDENT(S)' EXHIBITS :

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

Msd.

ASHOK BHUSHAN, C.J & K. RAMAKRISHNAN, J.

--------------------------------------- W.P.(C) No.38277 of 2015 ---------------------------------------- Dated this the 17th day of December 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

No notice is required to be issued to the 7th respondent, in view of the order, which is being passed in the writ petition. 3.

The petitioner has filed this writ petition alleging harassment by police. It is stated that at the instance of 7th respondent, who is the sister of the petitioner, the 5th respondent had summoned the petitioner at the police station and made him to sign an undertaking that he would vacate the premises. The petitioner submits that he had submitted a representation on 7.12.2015.

4.

Learned Government Pleader on instructions would submit that a complaint was received from the 7th respondent alleging that the petitioner was abused and threatened her, in which connection, the petitioner was called on 13.10.2015 and the said complaint has already been closed. It is submitted that the

W.P.(C) No.38277 of 2015 -: 2 :- petitioner was never called after 13.10.2015. It is submitted that the allegation made in paragraph 5 of the writ petition that the petitioner was made to sign an undertaking is incorrect. The police have never directed the petitioner to give any undertaking. Under such circumstances, we do not find any case of police harassment in this writ petition. Recording the aforesaid submission made by the learned Government Pleader, this writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. RAMAKRISHNAN J UDGE Jvt/18.12.2015