Nawas vs The District Police Chief
2021 Latest Caselaw 18391 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          WP(C) NO. 3380 OF 2021
PETITIONER:

              NAWAS, AGED 29 YEARS, S/O. BAVUMMAL ABUBACKER,
              MAKKADIPARAMBIL VEEDU, GYM ROAD, PONNANI (P.O)
              PONNANI TALUK, MALAPPURAM DISTRICT

              BY ADV K.B.ARUNKUMAR


RESPONDENTS:

     1        THE DISTRICT POLICE CHIEF
              THRISSUR, RAMAVARMAPURAM (PO)
              THRISSUR DISTRICT PIN 680 631

     2        THE CIRCLE INSPECTOR OF POLICE,
              VADAKKEKAD POLICE STATION, KADIKKAD,
              KERALA PIN 679 561

     3        BEEVATHUKUTTY, W/O. ABUBACKER, BAVUMMAL,
              EDAKKARA, ANDATHODU (PO), CHAVAKKAD TALUK,
              THRISSUR DISTRICT PIN 679 564

     4        NIRZIL, S/O.ASHRAF, BAVUMMAL EDAKKARA,
              ANADATHODU (PO), CHAVAKKAD TALUK,
              THRISSUR DISTRICT PIN 679 564

              BY ADVS.
              GOVERNMENT PLEADER - SRI.E.C.BINEESH
              SMT.K.NANDINI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3380/21
                                             2



                                JUDGMENT

The petitioner has approached this Court

alleging that the respondents-Police Officers are

illegally intervening in his civil rights and

forcing him to hand over the key of his shop-

room, which is the subject matter of Ext.P1 Suit,

to respondents 3 and 4. He says that the action

of respondents 1 and 2 is in flagrant violation

of law and therefore, prays that they be directed

not to harass him in any manner whatsoever.

2. In response, the learned Government

Pleader - Sri.E.C.Bineesh, submitted that the

above allegations of the petitioner are wholly

untrue and that a statement has been filed on

behalf of the 1st respondent, wherein, it has been

explained that he was never summoned to the

Police Station nor was he ever compelled to hand

over the key of the shop room to the party

respondents. He, therefore, prayed that this Writ WPC 3380/21

Petition be dismissed with exemplary costs.

3. In reply, Sri.K.B.Arun Kumar - learned

counsel for the petitioner, submitted that it is

only because of the pendency of this Writ

Petition that the harassment by respondents 1 and

2 has now ceased and therefore, prayed that this

Writ Petition be ordered, recording the averments

in the statement filed on behalf of the 1st

respondent.

In the afore circumstances, I close this Writ

Petition, recording the afore submissions of the

learned Government Pleader; with a resultant

direction to respondents 1 and 2 to summon the

petitioner, if it becomes so required for any

purpose in future, only after issuing him an

appropriate notice under Section 41A of the Code

of Criminal Procedure.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 3380/21


                 APPENDIX OF WP(C) 3380/2021

PETITIONER EXHIBITS

EXHIBIT P1          THE TRUE COPY OF THE PLAINT IN O.S NO.
                    1123/2019

EXHIBIT P2          THE TRUE COPY OF THE WRITTEN STATEMENT
                    AND COUNTER CLAIM FILED BY THE
                    PETITIONER IN EXHIBIT P-1

EXHIBIT P3          THE TRUE COPY OF THE LEASE DEED DATED
                    20-10-2020

EXHIBIT P4          THE TRUE COPY OF THE REPRESENTATION

DATED 05-02-2021 SUBMITTED BY THE PETITIONER THROUGH E-MAIL BEFORE THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R3(a): PHOTOCOPY OF THE PETITION FILED BY THE 3RD RESPONDENT BEFORE THE RESPONDENT DATED 23/12/2020.

EXHIBIT R3(b): THE COPY OF THE LEGAL NOTICE ISSUED BY THE 3RD RESPONDENT DATED 19/03/2021.

EXHIBIT R3(c): THE COPY OF THE PETITION FILED BY 3RD RESPONDENT BEFORE 2ND RESPONDENT DATED 03/02/2018.