Sanil vs The Superintendent Of Police
2021 Latest Caselaw 10308 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.3260 OF 2021(F)


PETITIONER:

               SANIL
               AGED 30 YEARS, S/O. SURENDRAN,
               PATHIYOORKALA, KEERIKKAD P.O.,
               ALAPPUZHA-690 508.

               BY ADVS.
               SRI.SHABU SREEDHARAN
               SMT.MEENU THAMPI
               SHRI.AMAL STANLY
               SHRI.SHYAM KUMAR M.P
               SHRI.MOHAMED SHAREEF PARIYARATH

RESPONDENTS:

      1        THE SUPERINTENDENT OF POLICE
               ALAPPUZHA, CCSB ROAD,
               CIVI STATION WARD, ALAPPUZHA-688 012.

      2        THE STATION HOUSE OFFICER
               THRIKKUNNAPPUZHA POLICE STATION,
               ALAPPUZHA-690 515.

      3        PRAMOD
               S/O. RAVEENDRAN, PARAYANTAYYATH HOUSE,
               CLAPPANA VILLAGE, KARUNAGAPPALLY TALUK,
               KOLLAM-690 546.

               R1 & R2 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3260 OF 2021(F)

                                    2



                               JUDGMENT

The petitioner has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of mandamus commanding

the 2nd respondent to stop harassing the petitioner forthwith. The

petitioner has also sought for a writ of mandamus commanding

respondents 1 and 2 to take appropriate legal/penal action against

the 3rd respondent and his men for their atrocities and illegalities

upon the petitioner. There are certain disputes between the

petitioner and the 3rd respondent, in connection with sale of a

heavy goods vehicle covered by Ext.P2 certificate of registration.

Alleging harassment from the side of the 2 nd respondent Station

House Officer, the petitioner has filed this writ petition seeking the

aforesaid reliefs.

2. On 09.02.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 and 2. Urgent notice on admission by

speed post was ordered to the 3 rd respondent, returnable within

three weeks.

3. The learned Government Pleader has filed a statement

of the 1st respondent, wherein it is stated that the Police has made WP(C).No.3260 OF 2021(F)

only enquiries based on the complaint made by the 3 rd respondent

and there is no harassment, as alleged in the writ petition.

4. Today, when this writ petition is taken up for

consideration, the learned counsel for the petitioner would submit

that 3rd respondent has already obtained interim custody of the

aforesaid vehicle from the competent court. Therefore, the

petitioner does not want to prosecute this writ petition further and

the same may be closed.

Based on the aforesaid submission made by the learned

counsel for the petitioner, this writ petition is closed.

Sd/-

                                           ANIL K.NARENDRAN
JV                                                JUDGE
 WP(C).No.3260 OF 2021(F)






                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1          THE TRUE COPY OF THE AGREEMENT FOR SALE

EXECUTED BETWEENT THE PETITIONER AND THE 3RD RESPONDENT DATED 30.12.2020.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE TORREZ WITH REG.NO.KL 29K 8141 DATED 21.1.2020.

EXHIBIT P3 THE TRUE COPY OF THE INSURANCE POLICY OF THE TORREZ WITH REG.NO. KL 29K 8141 FOR THE PERIOD FROM 16.2.2020 TO 15.2.2021

EXHIBIT P4 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE TORREZ WITH REG.NO.KL 29K 8141 DATED 24.1.2020.

EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 2.2.2021.