Babu Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126964
CourtKerala High Court
Decided OnFeb-11-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantBabu
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice dr. manjula chellur & the honourable mr.justice a.m.shaffique tuesday, the11h day of february201422nd magha, 1935 wp(c).no. 3215 of 2014 (b) --------------------------- petitioner(s): -------------- babu s/o.velumban, pandimackal parambil house, nellithanam manimala p.o., manimala p.o., manimala - 686 543 kottayam district. by advs.sri.babu cherukara sri.anzar basheer respondent(s): -------------- 1. state of kerala represented by the seecretary to home department secretariat, thiruvananthapuram - 695 001.2. the district police chief kottayam - 686 001 3. the circle inspector of police manimala police station, manimala - 686 543.4. the sub inspector of police manimala police station, manimala - 686 543.5. the circle inspector of police, vanitha cell, kottayam- 686 001.6. ajayan aged34years, s/o. thannkappan, parackal house mayiladumpara, karikkattoor p.o., manimala - 686 544.7. sindhu ajayan aged30years, w/o. ajayan, parackal house mayiladumpara, karikkattoor p.o., manimala - 686 544. r1 to r5 by government pleader sri.sujit mathew jose this writ petition (civil) having come up for admission on1102-2014, the court on the same day delivered the following: wp(c).no. 3215 of 2014 (b) --------------------------- appendix petitioner(s)' exhibits ------------------------ exhibit-p1-true copy of the ticket obtained by the petitioner dated1901/2013 from taluk jospital, kanjirapally. exhibit-p1(a)-true copy of the english translation of exhibit-p1 exhibit-p2-true copy of the complaint given by the petitioner to the dy sp kanjirapally. exhibit-p2(a)-true copy of the english translation of exhibit-p2 exhibit-p3-true copy of the receip9t of exhibit-p2 complaint exhibit-p3(a)-true copy of the english translation of exhibit-p3 exhibit-p4-true copy of the notice issued by the5h respondent to the petitioner exhibit-p4(a)-true copy of the english translation of exhibit-p4. respondent(s)' exhibits ------------------------ nil /true copy/ ps to judge manjula chellur, c.j & a.m.shaffique, j.---------------------------------------------- w.p(c).no. 3215 of 2014 ---------------------------------------------- dated this the 11th february, 2014 judgment manjula chellur, c.j.petitioner is before this court complaining police harassment at the instance of respondents 6 and 7. learned government pleader made submissions. petitioner is related to respondents 6 and 7. the problem commenced with petitioner lodging a complaint against sixth respondent that he tried to hold the hand of his daughter. later sixth respondent lodged a complaint alleging that petitioner owes some money to sixth respondent. complaint by seventh respondent followed thereafter alleging advances by petitioner and insulting her. so far as allegations against petitioner by seventh respondent and petitioner's complaint against sixth respondent regarding the conduct of each other found to be false. however, according to police, petitioner never denied owing money to sixth respondent, but police are not interfering in the money dispute between the parties and they even advised them to approach the civil court for resolution of the said dispute. wp(c).3215/14 2 except making enquiry in the complaint lodged by respondents 6 and 7, on no other occasion petitioner was summoned to police station and they have no intention to summon petitioner unless he is required for enquiry. in the above circumstances, we find no good ground whatsoever to entertain this matter. however, police are directed not to interfere in the civil dispute between the parties. accordingly, the writ petition is dismissed. manjula chellur, chief justice a.m.shaffique, judge vgs11.2.14
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 3215 of 2014 (B) --------------------------- PETITIONER(S): -------------- BABU S/O.VELUMBAN, PANDIMACKAL PARAMBIL HOUSE, NELLITHANAM MANIMALA P.O., MANIMALA P.O., MANIMALA - 686 543 KOTTAYAM DISTRICT. BY ADVS.SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY THE SEECRETARY TO HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT POLICE CHIEF KOTTAYAM - 686 001 3. THE CIRCLE INSPECTOR OF POLICE MANIMALA POLICE STATION, MANIMALA - 686 543.

4. THE SUB INSPECTOR OF POLICE MANIMALA POLICE STATION, MANIMALA - 686 543.

5. THE CIRCLE INSPECTOR OF POLICE, VANITHA CELL, KOTTAYAM- 686 001.

6. AJAYAN AGED34YEARS, S/O. THANNKAPPAN, PARACKAL HOUSE MAYILADUMPARA, KARIKKATTOOR P.O., MANIMALA - 686 544.

7. SINDHU AJAYAN AGED30YEARS, W/O. AJAYAN, PARACKAL HOUSE MAYILADUMPARA, KARIKKATTOOR P.O., MANIMALA - 686 544. R1 TO R5 BY GOVERNMENT PLEADER SRI.SUJIT MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3215 of 2014 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1-TRUE COPY OF THE TICKET OBTAINED BY THE PETITIONER DATED1901/2013 FROM TALUK JOSPITAL, KANJIRAPALLY. EXHIBIT-P1(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P1 EXHIBIT-P2-TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE DY SP KANJIRAPALLY. EXHIBIT-P2(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P2 EXHIBIT-P3-TRUE COPY OF THE RECEIP9T OF EXHIBIT-P2 COMPLAINT EXHIBIT-P3(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P3 EXHIBIT-P4-TRUE COPY OF THE NOTICE ISSUED BY THE5H RESPONDENT TO THE PETITIONER EXHIBIT-P4(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P4. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, C.J & A.M.SHAFFIQUE, J.

---------------------------------------------- W.P(C).No. 3215 of 2014 ---------------------------------------------- Dated this the 11th February, 2014 JUDGMENT

Manjula Chellur, C.J.

Petitioner is before this Court complaining police harassment at the instance of respondents 6 and 7. Learned Government Pleader made submissions. Petitioner is related to respondents 6 and 7. The problem commenced with petitioner lodging a complaint against sixth respondent that he tried to hold the hand of his daughter. Later sixth respondent lodged a complaint alleging that petitioner owes some money to sixth respondent. Complaint by seventh respondent followed thereafter alleging advances by petitioner and insulting her. So far as allegations against petitioner by seventh respondent and petitioner's complaint against sixth respondent regarding the conduct of each other found to be false. However, according to police, petitioner never denied owing money to sixth respondent, but police are not interfering in the money dispute between the parties and they even advised them to approach the civil court for resolution of the said dispute. WP(C).3215/14 2 Except making enquiry in the complaint lodged by respondents 6 and 7, on no other occasion petitioner was summoned to police station and they have no intention to summon petitioner unless he is required for enquiry. In the above circumstances, we find no good ground whatsoever to entertain this matter. However, police are directed not to interfere in the civil dispute between the parties. Accordingly, the Writ Petition is dismissed. MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs11.2.14