Binu Joseph v. State Of Kerala
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 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38296 of 2015 (J) ---------------------------- PETITIONER :
---------------- BINU JOSEPH, AGED 38 YEARS, S/O.K.V.JOSEPH, VETTIKKATTU KIZHAKKEKOOTTU HOUSE KOLLAPURAM, NALUKODI P.O., PAIPPAD VILLAGE CHANGANACHERRY TALUK.
BY ADV. SRI.ANOOP JOSEPH RESPONDENTS :
-------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.
2. DISTRICT POLICE CHIEF PATHANAMTHITTA DISTRICT-689 645.
3. SUB INSPECTOR OF POLICE KEEZHVAYPUR, THIRUVALLA-689 101.
4. GEO JOSEPH, AGED 63 YEARS S/O.M.J.JOSEPH, KOTTAL HOUSE, NEAR PAMALA KUSISHU KUNNANTHANAM VILLAGE, MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT NOW RESIDING AT GENERAL MANAGER AL BUCHEERI GENERAL TRANSPORT EST.POST BOX NO.3890 ABUDHABI, UAE.
5. SIJIMOL JOSEPH, AGED 52 YEARS D/O.LATE BABICHAN, KOTTAL HOUSE, NEAR PAMALA KUSISHU KUNNANTHANAM VILLAGE, MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT NOW RESIDING AT KUTTIKKAL VEEDU, THOTTAKKATT VILLAGE KONGODI P.O., KOTTAYAM DISTRICT-686 003.
R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38296 of 2015 (J) -------------------------------- APPENDIX PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE AUTHORIZATION DATED 06.01.2013. EXT.P2 : TRUE COPY OF THE RECEIPT DATED 05.04.2013. EXT.P3 : TRUE COPY OF THE RECEIPT ISSUED BY THE TRANSPORT OPERATOR DATED 10.12.2015.
EXT.P4 : TRUE COPY OF THE RECEIPT ISSUED BY THE CRANE OPERATOR 10.12.2015.
RESPONDENTS' EXHIBITS :
NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38296 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondent Nos.4 and 5 in view of the order which is being passed.
2. This writ petition has been filed by the petitioner alleging police harassment. Petitioner's case is that there was some business transaction between the petitioner and 4th respondent. Petitioner has transported certain heavy machines and incurred expenses. Petitioner has already filed a suit for payment. Petitioner's case is that police is harassing the petitioner.
3. Learned Government Pleader after obtaining instructions submits that a complaint has been received from the 4th respondent who is the owner of the house where the machines are kept. In connection with the same the petitioner was called to appear before the Police but petitioner did not
WP(C) No.38296 of 2015 -:2:- appear and rushed to this Court. Crime No.1907/2015 has already been registered.
In view of the above, we do not think that there is any kind of police harassment. It is open for the petition to appear before police for recording his statement. The Writ Petition is closed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/22/12