Kerala High Court
Sreejan Panicker vs The State Of Kerala on 12 November, 2024
2024:KER:84438
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 12674 OF 2020
PETITIONER/S:
SREEJAN PANICKER
AGED 42 YEARS
S/O.SREEKUMARA PANICKER, VYLONGARA KALARI,
CHUVANAMMANNU, POOVANCHIRA P.O.,
THRISSUR DISTRICT-680 652.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT-695 001.
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, AYYANTHOLE,
THRISSUR DISTRICT-680 003.
3 THE CIRCLE INSPECTOR OF POLICE,
PEECHI POLICE STATION, PATTIKKAD P.O., THRISSUR
DISTRICT-680 652.
4 NELLIKUZHY BABY,
AGE AND OTHER DETAILS NOT KNOWN, POOVANCHIRA P.O.,
THRISSUR DISTRICT-680 652.
R1 TO 3 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.12674 of 2020
2
2024:KER:84438
P.M. MANOJ, J
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W.P.(C) No.12674 of 2020
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Dated this the 12th day of November, 2024
JUDGMENT
The writ petition is preferred, alleging police harassment by respondents 2 and 3. It is the case of the petitioner that his property belongs to debutter estate which comprises of a Kalari and a temple, against which the 4th respondent who is a political party leader has approached the police authority stating that running of the Kalari causes nuisance and the 3 rd respondent has unnecessarily interfered with the case, which is purely a civil dispute.
2. When the matter is taken up today, it is submitted by the learned Government Pleader that already the 4 th respondent has preferred too many complaints, on which basis the petitioner was directed to appear only for taking statements in order to take cognizance in the matter.
3. Under such circumstances, there will be a direction to respondents 2 and 3; in case if it is required to take cognizance WP(C) No.12674 of 2020 3 2024:KER:84438 in any complaint in future, they shall comply with the provisions under Section 63 of the Kerala Police Act, 2011 as well as Section 35(3) of the Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023. Without adopting such formalities, the police authority shall not require appearance of the petitioner before them.
Accordingly, the writ petition is closed.
Sd/-
P.M.MANOJ JUDGE sss WP(C) No.12674 of 2020 4 2024:KER:84438 APPENDIX OF WP(C) 12674/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE FESTIVAL BROCHURE DATED NIL FOR THE YEAR 2019-2020.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 12.06.2020 ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR, THRISSUR. EXHIBIT P3 A TRUE COPY OF THE MASS PETITION SIGNED BY 87 PERSONS OF THE LOCALITY DATED NIL.