Kerala High Court
G.N.Ram Mohan Unni vs Sub Inspector Of Police on 26 November, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938
WP(C).No. 4669 of 2015 (G)
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PETITIONER:
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G.N.RAM MOHAN UNNI, AGED 43 YEARS
S/O. C.G.NARAYANAN UNNI,
GANAPATHY VELI MADAM, PANANGAD P.O., KOCHI-682 506.
BY ADV. SRI.ARUN VALENCHERY
RESPONDENTS:
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1. SUB INSPECTOR OF POLICE
NJARACKAL P.S., ERNAKULAM,
REPRESENTED THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. CIRCLE INSPECTOR OF POLICE
NJARACKAL P.S., ERNAKULAM,
REPRESENTED THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
3. JAIN BABU, AGED 46
S/O. PAILY, MENACHERI HOUSE,
NJARACKAL P.O., KOCHI-682 505.
4. LINET, AGED ABOUT 40
W/O. JAIN BABU, MENACHERI HOUSE,
NJARACKAL P.O., KOCHI-682 505.
R3,R 4 BY ADV. SRI.P.K.RAVISANKAR
R1 AND 2 BY GOVERNMENT PLEADER SRI. AMJAD ALI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4669 of 2015 (G)
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APPENDIX
PETITIONER'S EXHIBITS
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P1 : A COPY OF THE LAND TAX RECEIPT DTD.23.10.2014 ISSUED BY VILLAGE
OFFICE, NJARACKAL IN FAVOUR OF PETITIONER.
P2 : A COPY OF THE POSSESSION CERTIFICATE RECEIPT DTD.23.12.2013
ISSUED BY VILLAGE OFFICE, NJARACKAL IN FAVOUR OF PETITIONER.
P3 : A COPY OF THE BUILDING TAX RECEIPT DTD.23.10.2014 ISSUED BY
PANCHAYATH OFFICE, NJARACKAL IN FAVOUR OF PETITIONER.
P4 : A COPY OF THE COMPLAINT DTD.18.4.2013 FILED BEFORE THE 1ST
RESPONDENT BY THE PETITIONER.
P5 : A COPY OF THE COMPLAINT DTD.11.2.2015 FILED BEFORE THE 1ST
RESPONDENT BY THE PETITIONER.
P6 : A COPY OF ACKNOWLEDGMENT OF EXT.P4 COMPLAINT BY PETITIONER
ISSUED BY R1 DTD.11.2.2015.
P7 : A COPY OF THE COMPLAINT DTD.11.2.2015 FILED BEFORE R2 BY THE
PETITIONER.
RESPONDENTS' EXHIBITS
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R3(a): COPY OF THE REPORT FO THE SUB COLLECTOR, FORT KOCHI DATED
26.11.2009.
TRUE COPY
P.A. TO JUDGE.
kp
RAJA VIJAYARAGHAVAN.V., J
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W.P.(C). No. 4669 of 2015
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Dated 4th October, 2016
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JUDGMENT
1.This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and
2 to enquire into and take action on the grievances raised in Ext.P5 and Ext.P7."
2.Heard the learned counsel appearing for the petitioner, respondents 3 and 4 as well as the learned Public Prosecutor.
3.It is submitted by the learned counsel that there is gross inaction on the part of the official respondents as they have failed to act on Exts.P4, P5 and P7 complaints submitted by the petitioner.
4.The learned counsel appearing for respondents 3 and 4 submits that they have not trespassed into the property of W.P.(C). No.4669 of 2015 -2- the petitioner as alleged. They assert that the dispute is purely of a civil nature and certain proceedings in respect of the same subject matter are now pending before the Debt Recovery Tribunal.
5.The learned Government Pleader submits that based on the complaint filed by the petitioner an inquiry was conducted and it was found that the dispute is of civil nature and hence no crime was registered. The learned Government Pleader relying on the decision of this Court in Varghese A.X v. State of Kerala ILR 2014 (4) Kerala 115 submitted that, in a petition filed under Article 226 of the Constitution of India, this Court will ordinarily refrain from issuing a writ of mandamus to the Police to register a crime. If the petitioner is aggrieved in any manner due to non-registration of crime, it is for him to approach the jurisdictional Magistrate under Section 190 read with Section 200 of the Code of Criminal W.P.(C). No.4669 of 2015 -3- Procedure and to set the law in motion. I respectfully concur with the above view .
6. In the result, this petition is dismissed. However the petitioner will be at liberty to approach the learned Magistrate under the relevant provisions of the Code of Criminal Procedure.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/-5.10.16