Kerala High Court
Kesardev Kejarival vs The State Of Kerala on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(C) NO. 27934 OF 2020
PETITIONER:
KESARDEV KEJARIVAL
AGED 49 YEARS
S/O. LATE RAMKUMAR KEJARIVAL, 36/3003A, NARMADA, AZAD ROAD,
KALOOR, COCHIN-682 017
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REP BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001
2 THE COMMISSIONER OF POLICE,
COCHIN CITY, ABDUL KALAM MARG, MARINE DRIVE,
ERNAKULAM,PIN-682 011
3 THE CIRCLE INSPECTOR OF POLICE,
ERNAKULAM TOWN NORTH POLICE STATION, CHITTOOR ROAD, OPP SIB
BANK, KACHERIPADY, COCHIN-682 018
BY SRI.E.C.BINEESH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27934 OF 2020
2
JUDGMENT
The petitioner has approached this Court alleging that
respondents 2 and 3 police officers are illegally interfering into civil
rights, with respect to his property covered by Ext.P1; and that he
has been unnecessarily harassed.
2. I notice that when this matter was considered by this
Court on 16.12.2020, the following interim order had been issued:
"The learned Government Pleader takes
notice for the respondents.
The learned counsel appearing for
the petitioner submits that in respect of a
dispute which is purely civil in nature, the
petitioner is being persistently harassed by
the 3rd respondent.
The respondent No.3 shall notice
Section 63 of the Police Act, 2011 which
details the circumstances under which the
Station House Officer can interfere in a
dispute between individuals or groups. If
the presence of the petitioner is required
for the purpose of investigation in any
crime registered, the provisions of the
Code of Criminal Procedure relating to
issuance of notice to secure his appearance
shall be strictly complied with. In no event,
shall the petitioner, who is stated to be a
senior citizen, be subjected to harassment
by the 3rd respondent."
3. When this matter was called today, the learned counsel
for the petitioner prayed that this writ petition be ordered,
confirming the afore interim order; asserting that subsequent to it,
WP(C) NO. 27934 OF 2020
his client has not been harassed by the Police in any manner.
Resultantly, this writ petition is allowed, confirming the
interim order dated 16.12.2020; and thus directing respondents 2
and 3 to act implicitly in its terms in future.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 27934 OF 2020
APPENDIX OF WP(C) 27934/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY
THE LAND TRIBUNAL ERNAKULAM, TRIPUNITHURA DATED
29.5.2020
EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO
THE PETITIONER DATED 25.6.2020
EXHIBIT P3 A TRUE COPY OF THE LOCATION SKETCH ISSUED DATED NIL
EXHIBIT P4 A TRUE COPY OF THE LATEST TAX PAID RECEIPT ISSUED
DATED 25.6.2020 BY THE ELAMKULAM VILLAGE OFFICER
EXHIBIT P5 A TRUE COPY OF THE NOTICE ISSUED DATED 14/12/2020
