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Kerala High Court

M.Ramesh vs Deputy Superintendent Of Police on 25 January, 2003

        

 
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 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937

                          WP(C).No. 30774 of 2015 (V)
                            ----------------------------

      PETITIONER :
      ---------------

       M.RAMESH, S/O.DAMODARAN NAIR,
       MANNUMKAL, CHETHACKAL VILLAGE,
       RANNI TALUK, PATHANAMTHITTA DISTRICT - 689 677.


       BY ADVS.SRI.K.SHAJ
                  SRI.SAJJU.S

      RESPONDENTS :
      -------------------

      1. DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA - 689 101.

      2. THE ADDITIONAL SUB INSPECTOR OF POLICE,
          ATTACHED TO THE OFFICE OF THE DEPUTY SUPERINTENDENT
          OF POLICE, THIRUVALLA - 689 101.

      3. HARIKUMAR, S/O.DAMODARAN NAIR,
          MANNUMKAL, CHETHACKAL VILLAGE,
          RANNI TALUK, PATHANAMTHITTA DISTRICT - 689 677.


       R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30774 of 2015 (V)
---------------------------------


                                     APPENDIX


PETITIUONER'S EXHIBITS :


EXT.P1 : TRUE COPY OF PRELIMINARY DECREE FOR PARTITION DATED 25.01.2003
          IN O.S. No. 278/2000 OF THE MUNSIFF'S COURT, RANNI.

EXT.P2 : TRUE COPY OF FINAL DECREE DATED 22.09.2015 IN I.A. No.1917/2003 IN
          O.S. No.278/2000 OF THE MUNSIFF'S COURT, RANNI.

EXT.P3 : TRUE COPY OF NOTICE No.F3,9482/15 ISSUED BY THE TALUK SURVEYOR,
          RANNI.


RESPONDENTS EXHIBITS :

       NIL

                               /TRUE COPY/


                                          PA TO JUDGE



       ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
           - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    W.P.(C) No. 30774 OF 2015
           - - - - - - - - - - - - - - - - - - - - - - - - - - - -
             Dated this the 9th day of October, 2015

                              JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to 3rd respondent in view of the order which is being passed.

2. The petitioner has filed this writ petition alleging police harassment. It is submitted that the petitioner has received a notice from the Taluk Surveyor intimating that the boundaries of the property covered by the suit have to be demarcated. It is also submitted that the revenue officials had earlier come to the petitioner, but due to the objection raised by the petitioner, demarcation could not be carried out. Petitioner's case is that police is harassing the petitioner and taking steps for demarcation which is nothing but interference in the civil matter.

3. Learned Government Pleader after obtaining instructions submits that a complaint was received from the 3rd WP(C) No. 30774 of 2015 -:2:- respondent that the petitioner is creating objection in demarcating the property and he is interfering in the Government work. Learned Government Pleader submits that on receiving the complaint, both the parties were called and they have been advised to abide by the orders of the Civil Court and the proceedings taken thereunder. It is submitted that no action of harassment has been meted out by respondent 1 or 2.

In view of the aforesaid, we do not think that it is a case of police harassment. The Writ Petition is closed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/09/10 WP(C) No. 30774 of 2015 -:3:-