Prasantha S vs Commissioner Of Police
2021 Latest Caselaw 13365 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                     THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

                 MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943

                                 WP(C) NO. 3411 OF 2020

PETITIONER:
               PRASANTHA S.
               AGED 56 YEARS
               D/O.CHAKRAPANI, PADINJATTUVILA VEETIL,
               KATTACHAL, ULIYAZTHURA VILLAGE,
               CHEMPAZHANTHY P.O.,
               THIRUVANANTHAPURAM-695 587.

               BY ADVS.
               R.V.SREEJITH
               SMT.G.MAHESWARY


RESPONDENTS:

      1        COMMISSIONER OF POLICE
               OFFICE OF THE COMMISSIONER,
               POLICE GROUND, CV RAMAN PILLAI ROAD,
               THYCAUD, THIRUVANANTHAPURAM,
               KERALA-695 014.

      2        CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM,
               THIRUVANANTHAPURAM-695 582.

      3        SUB INSPECTOR OF POLICE, KAZHAKUTTAM,
               THIRUVANANTHAPURAM-695 582.

      4        RAJASHEKHARAN NAIR,
               CHEKKALA VILAKOM VEEDU,
               CHEMPAZHANTHY, ULIYAZHATHURA (VIA),
               THIRUVANANTHAPURAM-695 587.

               BY ADVS.
               SRI.RAM MOHAN.G.
               SRI.G.P.SHINOD
               SRI.GOVIND PADMANAABHAN
               SHRI.AJIT G ANJARLEKAR


OTHER PRESENT:

               SRI.N.B.SUNIL NATH, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3411 OF 2020

                                    2




                 P.V.KUNHIKRISHNAN, J.
              ===================
                 WP(C) No. 3411 OF 2020
              ===================
           Dated this the 28th day of June 2021


                          JUDGMENT

The above writ petition is filed with following

prayers;

"I Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to interfere with the petitioner's right to do repair works in her house.

II Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to dispose of Exhibit P7 representation as expeditiously as possible and at any rate within a time frame to fixed by the Hon'ble Court. And III Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ petition."

2. When this writ petition came up for consideration

on 24.02.2020 this Court passed the following orders, which

is extracted hereunder;

"urgent notice to 4th respondent by speed post. WP(C) NO. 3411 OF 2020

The learned Government Pleader takes notice for others.

If there is any civil dispute between the parties, the Police shall not intervene such civil dispute."

3. When this matter came up for final hearing the

learned counsel for the petitioner submitted that, this writ

petition can be closed recording the above order.

4. The learned Government Pleader submitted that,

the petitioner was summoned in connection with the

complaint filed by the fourth respondent. The learned

Government Pleader also submitted that, there will not be

any police harassment towards the petitioner.

5. The petitioner want to do some repair work in her

house. Her grievance is that, the Police at the instance of

fourth respondent is harassing her. The learned counsel for

the fourth respondent submitted that, there is no question of

harassment from his side towards the petitioner through

Police, but submitted that, his other civil rights may be

reserved. In the light of the above submission, I think this WP(C) NO. 3411 OF 2020

writ petition can be disposed in the following manner.

1. The Police shall not harass he petitioner. But if any

complaint is received against the petitioner, the Police

can do the needful in accordance with law.

2. The order dated 24.02.2020 is retained.

3. All other contentions and other civil rights of the

petitioner and the fourth respondent are left open.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 3411 OF 2020

APPENDIX OF WP(C) 3411/2020

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE PARTITION DEED NO.582/2012 DATED 17.05.2012 OF POTHENCODE SUB REGISTRAR.

EXHIBIT P2 THE TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF TAX DATED 24.07.2019.

EXHIBIT P3 THE TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE TRIVANDRUM CORPORATION.

EXHIBIT P4 THE TRUE COPY OF THE PROPERTY TAX ISSUED BY THE TRIVANDRUM CORPORATION.

EXHIBIT P5 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT SITUATION OF THE HOUSE SITUATED IN THE PROPERTY.

EXHIBIT P6 THE TRUE COPY OF THE INTERIM ORDER IN RSA 688 OF 2013 DATED 09.01.2013.

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT WITH A COPY OF THE 1ST RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF THE REPRESENTATION DATED 19.11.2019.

                         // True Copy     //

                            PA to Judge