Kerala High Court
Thomas George vs The Director General Of Police on 1 August, 2008
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 10TH DAY OF NOVEMBER 2014/19TH KARTHIKA, 1936
WP(C).No. 27623 of 2012 (C)
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PETITIONER:
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THOMAS GEORGE, AGED 54 YEARS,
S/O J. GEORGE, RAJAGIRI HOUSE, 688,
WARD NO XIX, PERUNNA,
CHANGANASSERY MUNICIPALITY,
CHANGANASSERY.
BY ADVS.SRI.SANTHOSH MATHEW
SRI.SATHISH NINAN
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
RESPONDENT(S):
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1. THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM - 695001.
2. THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA - 689645.
3. THE SUB INSPECTOR OF POLICE,
KEEZHUVAIPPUR - 689587.
4. THE CIRCLE INSPECTOR OF POLICE,
MALLAPPALLY 689584.
5. FR. SUNNY THOMAS, PALLIVATHIKKAL HOUSE,
CHENNAMKERY, KAINAKARY VILLAGE,
KUTTANAD TALUK, ALAPPUZHA DISTIRCT - 683101.
6. PONNAMMA JACOB, W/O JACOB,
THAZHIKAMALAYIL HOUSE, MUNDIAPALLY P.O,
KUNNAMTHANAM VILLAG, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT - 689584.
7. PROF. DR. ABRAHAM VARGHESE,
KANJIRATHUMMOOTTIL HOUSE, CHUMATHRA P.O,
KUTTAPPUZHA, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT - 689101.
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WP(C).No. 27623 of 2012 (C)
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8. M.V. THOMAS, APARTMENT NO 1,
SATHABDI APARTMENT, SHALIMAR GARDEN,
GAZIAYABAD DISTRICT, UTTER PRADESH - 282 001.
9. THOMAS JOSEPH, CHETHIPPUZHA HOUSE,
CHERAMCHIRA P.O, CHANGANACHERRY - 686106.
10. TONEY V. CHACKO, VETTUKUZHY HOUSE,
VAZHAPPALLY P.O, CHANGANACHERRY- 686103.
11. RENJITH V. CHACKO, VETTUKUZHY HOUSE,
VAZHAPPALLY P.O, CHANGANACHERRY- 686 103.
12. JIBY THOMAS,
MUTTATHU VADAKKETHIL HOUSE, PALAKKATHAKIDI P.O,
KUNNAMTHANAM, MALLAPPALLY, THIRUVALLA - 689536.
13. P.S. JOSE, JOSE VILLA, KAUMBHAGAM P.O,
THIRUVALLA - 689102.
14. SABU JOHN, CHETTAKATTU HOUSE,
THRIKODITHANAM P.O, CHANGANACHERRY - 686105.
15. LAILAMMA OOMMAN, MANAVELIL HOUSE,
KAIRALY NAGAR, THIRUMALA P.O,
THIRUVANANTHAPURAM - 695006.
16. SHERLY GEORGE, GRACE COTTAGE,
PERUMTHURUTHY P.O, THIRUVALLA - 689107.
17. FR. P.P. KURUVILLA,
ST. THOMAS MARTHOMA CHURCH,
POST BOX NO 18, GOUDALLOOR P.O,
NEELAGIRI DISTRICT, TAMIL NADU - 600 088.
18. T.K.C. JOSE, S/O CHERIAN,
THEKKEKOODATHIL HOUSE, BUILDING NO 448,
WARD NO XIII OF VAZHAPPALLY PANCHAYAT,
KURISUMMOOD P.O, VAZHAPPALLYKIZHAKKU MURI,
VAZHAPPALLY KIZHAKKU VILLAGE,
CHANGANASSERY TALUK - 686103.
19. S.J. HOMES, KOODATHIL BUILDINGS,
KURISUMMOOD P.O, CHANGANASSERY - 686104,
REPRESENTED BY ITS MANAGING PARTNER,
K.V. GEORGE, S/O.LATE VARGHESE DEVASSYA,
VELAYAVEETTIL HOUSE, THRIKKODITHANAM P.O,
CHANGANASSERY - 686103.
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WP(C).No. 27623 of 2012 (C)
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20. CHINNU GEROGE,
D/O GEORGE, PARTNER S.J. HOMES,
KOODATHIL BUILDINGS, KURISUMMOOD P.O,
CHANGANASSERY - 686104,
RESIDING AT VELYAVEETTIL HOUSE,
THRIKKODITHANAM P.O, CHANGANASSERY - 686103.
21. GIBIMOL GEORGE, D/O GEORGE,
PARTNER S.J. HOMES, KOODATHIL BUILDINGS,
KURISUMMOOD P.O, CHANGANASSERY - 686104,
RESIDING AT VELYAVEETTIL HOUSE,
THRIKKODITHANAM P.O, CHANGANASSERY - 686103.
R1 TO R4 BY GOVERNMENT PLEADER SRI.SYAMKUMAR
R5-R7 BY ADV. SRI.P.HARIDAS
R8 BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
R10 & R11 BY ADV. SRI.GEORGE SEBASTIAN
R13 BY ADVS. SRI.MVS.NAMBOOTHIRY
SRI.ROHIT C.OOMMEN
R15 BY ADV. SRI.C.M.STEPHEN
R17 & R18 BY ADV. SRI.C.S.MANU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10-11-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 27623 of 2012 (C)
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APPENDIX
PETITIONER(S) EXHIBITS:
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EXHIBIT P1 : TRUE COPY OF THE PARTNERSHIP DEED DATED 01-08-2008
EXECUTED BETWEEN THE PETITIONER AND T.K.C. JOSE
(18TH RESPONDENT).
EXHIBIT P2 : TRUE COPY OF THE SALE DEED 1721 OF 2008 OF THE SRO,
MALLAPPALLY.
EXHIBIT P3 : TRUE COPY OF AGREEMENT FOR SALE EXECUTED BY THE
PETITIONER AND 18TH RESPONDENT WITH JOBY THOMAS AND
ANOTHER.
EXHIBIT P4 : TRUE COPY OF THE SALE DEED DATED 29-09-2009 (NO 1543/2009)
EXECTUED BY PETITIONER AND 18TH RESPONDENT WITH THOMAS
JOEPH AND SINOY JOSEPH.
EXHIBIT P5 : TRUE COPY OF THE AGREEMENT FOR SALE OF PLOT EXECUTED BY
THE PETITIONER 18TH RESPONDENT WITH REV. FR. SUNNY THOMAS.
EXHIBIT P6 : TRUE COPY AND COPY OF AGREEMENT FOR VILLA EXECUTED BY
THE M.J. HOMES WITH LAILA OOMMAN.
EXHIBIT P7 : TRUE COPY OF THE PARTNERSHIP AGREEMENT DATED 5-01-2010
EXECUTED BY K.V.GEORGE AND OTHERS.
EXHIBIT P8 : TRUE COPY OF THE BROCHURE PRINTED AND CIRCULATED BY
S.J. HOMES.
EXHIBIT P9 : TRUE COPY OF THE REPRESENTATION DATED 14-12-2011 SUBMITTED
BY THE PETITIONER BEFORE THE R.D.O THIRUVALLA.
EXHIBIT P10 : TRUE COPY OF THE REPRESENTATION DATED 23-12-2011 SUBMITTED
BY THE PETITIONER BEFORE THE TAHSILDAR, MALLAPPALLY.
EXHIBIT P11 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE DY.S.P
THIRUVALLA, DATED 21-03-2012 BY THE PETITIONER.
EXHIBIT P12 : TRUE COPY OF THE DISSOLUTION AGREEMENT AND PAPER
PUBLICATION EXECUTED BETWEEN THE PETITIONER AND
18TH RESPONDENT.
EXHIBIT P13 : TRUE COPY OF THE BUILDING PERMIT ISSUED IN FAVOUR OF
JIBY THOMAS, MUTTATH VADAKKETHIL, PALAKATHAKIDY POST,
KUNNAMTHANAM.
EXHIBIT P14 : TRUE COPY OF THE REPRESENTATION DATED 03-11-2012 SUBMITTED
BY FR. SUNNY THOMAS AND OTHERS BEFORE THE HONOURABLE
CHIEF MINISTER OF KERALA.
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WP(C).No. 27623 of 2012 (C)
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EXHIBIT P15 : TRUE COPY OF THE PHOTOGRAPHS SHOWING THE SUBSTANTIAL
PORTION OF THE CONSTRUCTION HAVE ALREADY BEEN CARRIED
OUT BY S.J. HOMES.
EXHIBIT P16 : TRUE COPY OF THE COMPLAINT DATED 19.12.2013 SUBMITTED BY
THE PETITIONER TO THE DISTRICT COLLECTOR, THIRUVALLA.
EXT.P16(A) : TRUE COPY OF THE COMPLAINT DATED 19.12.2013 SUBMITTED BY
THE PETITIONER TO THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA.
EXT.P16(B) : TRUE COPY OF THE COMPLAINT DATED 19.12.2013 SUBMITTED BY
THE PETITIONER TO THE REVENUE DIVISIONAL OFFICER,
CHANGANACHERRY.
EXHIBIT P17 : TRUE COPY OF THE SKETCH SHOWING THE DETAILS OF THE
PROPERTY.
RESPONDENTS' EXHIBITS:
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EXT. R18(A) : TRUE COPY OF MEMORANDUM OF COMPROMISE AGREEMENT
DATED 28.1.2013 EXECUTED BY THE WRIT PETITION AND THE
RESPONDENTS EXCEPT THE RESPONDENTS 10 AND 11.
/TRUE COPY/
P.S. TO JUDGE
mbr/
ASHOK BHUSHAN, Ag.CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.27623 of 2012
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Dated this the 10th day of November 2014
J U D G M E N T
Shaffique,J This writ petition has been filed alleging harassment by the police. According to the petitioner, he entered into a partnership with the 18th respondent, by which 18th respondent had undertaken the obligation to construct villas. On account of inaction on the part of the 18th respondent, some complaints came to be filed before the police and the police is unnecessarily harassing the petitioner. According to the petitioner, the land has already been assigned in favour of the purchasers and it is the 18th respondent who has to complete his obligation by constructing the villas and hand over the same to the purchasers.
2. Learned counsel appearing for the 18th respondent submits that except two villas, all other villas have been W.P.C.No.27623/2012 2 constructed. The other party respondents, who have already invested money in the project, submits that since they have not been given allotment of the villas in compliance with the terms of the contract, they have filed complaints before the police.
3. The learned Government Pleader, on instructions, would submit that on receiving complaints from various investors, crimes have been registered and investigation is in progress. According to the learned Government Pleader, petitioner is also an accused in the said crimes and he is absconding. This fact is disputed by the learned counsel for the petitioner.
4. Whatever that may be, in the light of the fact that some complaints have been filed by the investors alleging cheating against the petitioner and certain others, it is for the police to conduct necessary investigation into the said crime. Such action on the part of the police does not amount to harassment, as alleged by the petitioner. W.P.C.No.27623/2012 3
In the said circumstances, we do not think that this Court can issue any direction, as sought for and hence this writ petition is dismissed permitting the police to conduct necessary investigation in accordance with the Code of Criminal Procedure.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.27623/2012 4 W.P.C.No.27623/2012 5