Kerala High Court
V.K. Kuttappan vs State Of Kerala on 16 August, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY,THE 1ST DAY OF SEPTEMBER 2014/10TH BHADRA, 1936
WP(C).No. 22075 of 2014 (H)
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PETITIONER :
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V.K. KUTTAPPAN, AGED 82 YEARS,
VADAKKEVEETTIL, PRAYIKKARA MURI,
MAVELIKKARA P.O., ALAPPUZHA DISTRICT.
BY ADVS.SMT.K.P.SANTHI
SRI.R.JAYAKRISHNAN (MUTHUKULAM)
SRI.RILGIN V.GEORGE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. SUPERINTENDENT OF POLICE,
ALAPPUZHA RURAL, ALAPPUZHA-688 001.
3. CIRCLE INSPECTOR OF POLICE,
MAVELIKKARA, ALAPPUZHA-691 101.
4. SUB INSPECTOR OF POLICE,
MAVELIKKARA, ALAPPUZHA-691 105.
5. SUNIL KUMAR, AGED 43 YEARS,
BINU BHAVANAM, PRAYIKKARA MURI,
MAVELIKKARA P.O.,ALAPPUZHA DISTRICT-691 101.
6. KARMALA RANI, AGED 42 YEARS,
BINU BHAVANAM, PRAYIKKARA MURI, MAVELIKKARA P.O.,
ALAPPUZHA DISTRICT-691 101.
7. BINU,S/O.JOY, BINU BHAVANAM, PRAYIKKARA MURI,
MAVELIKKARA P.O., ALAPPUZHA DISTRICT-691 101.
8. JEROM, S/O.KURYAN,
MANAPPURATHU VEEDU, PRAYIKKARA MURI,
MAVELIKKARA P.O., ALAPPUZHA DISTRICT-691 101.
R1 TO R4 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-09-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 22075 of 2014 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1. TRUE COPY OF THE RELEVANT PAGES OF THE FIR DATED 16/8/2014.
EXT.P2. TRUE COPY OF THE COMPLAINT TO C.I OF POLICE, DATED 20/8/2014
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
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W.P.(C). No. 22075 of 2014
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Dated this the 1st day of September, 2014
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned Government Pleader. We have not issued notice to respondents 5 to 8 in view of the order which is being passed.
2. Fifth respondent is the son of the petitioner. The petitioner claims to live in the house along with his wife, daughter and daughter-in-law. The 6th respondent is the wife of the fifth respondent. Respondents 7 and 8 are the relatives of the sixth respondent. Alleging certain incidents involving the sixth respondent, on a complaint submitted to the Police, a crime was registered being crime No.1134/2014 against respondents 5 to 8. Petitioner's daughter in law has already filed O.S.359 of 2014. The petitioner's case is that the respondents 5 to 8 are unduly interfering in the petitioner's living in the house peacefully and they have committed offence. On the complaint submitted before WPC.No. 22075 of 2014 2 the police, a crime has already been registered and that was brought on record.
3. The police may carry on investigation in accordance with the procedure prescribed in the Code of Criminal Procedure. As far as other dispute is concerned, the petitioner may seek appropriate remedy before the civil court regarding the property dispute between the parties. It goes without saying that in the event there is law and order situation, the police shall look into if any complaint is submitted to the police.
The Writ Petition is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
// True copy //