Ashraf vs The State Of Kerala
2022 Latest Caselaw 9994 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                           WP(C) NO. 26907 OF 2022
PETITIONER:

              ASHRAF
              AGED 56 YEARS
              S/O YAHU, RESIDING AT IBRAHIMINTEPURAKKAL HOUSE,
              VAKKAD P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676105.
              BY ADVS.
              J.R.PREM NAVAZ
              SUMEEN S.


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS,
              THIRUVANANTHAPURAM, PIN-695 001. 1.
     2        THE DISTRICT POLICE CHIEF,
              MALLAPPURAM OFFICE AT UPHILL POST, MALAPPURAM DISTRICT, PIN-
              676505.
     3        THE STATION HOUSE OFFICER,
              TIRUR POLICE STATION, COURT RD, CHEMBRA, TIRUR, MALAPPURAM
              DISTRICT, PIN- 676101.
     4        THE SUB INSPECTOR OF POLICE,
              TIRUR POLICE STATION, COURT RD, CHEMBRA, TIRUR, MALAPPURAM
              DISTRICT, PIN- 676101.
     5        SUBAIDA,
              AGED 50 YEARS
              D/O USSAN, RESIDING AT ASIKKINTE PURAKKAL HOUSE, TIRUR
              TALUK, MANGALAM AMSOM, KOOTTAYI DESOM, MALAPPURAM DISTRICT,
              PIN-676561.
              BY ADVS.
              AMMINIKUTTY K., GOVERNMENT PLEADER
              JAMSHEED HAFIZ
              K.K.NESNA(K/302/2014)



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26907 OF 2022
                                        2




                                  JUDGMENT

Dated this the 31st day of August, 2022

Having heard the learned Counsel for the

petitioner, learned Counsel for the 5th respondent and

the learned Government Pleader, I am of the

considered opinion that the remedy, if any available

to the petitioner, is to approach the Court which

rendered Ext.P3 judgment.

The writ petition is hence dismissed, without

prejudice to the above remedy.

Sd/-

V.G.ARUN

JUDGE NB/31-8 WP(C) NO. 26907 OF 2022

APPENDIX OF WP(C) 26907/2022

PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE WRIT PETITION (CIVIL) BEARING NO: 3833 OF 2021 ALONG WITH THE EXHIBITS EXHIBIT P2 TRUE COPY OF THE APPLICATION SEEKING TO SET ASIDE THE EXPARTE DECREE IN O.S. NO: 50/20021 ALONG WITH AN APPLICATION TO 50.53 CONDONE THE DELAY IN FILING THE SAME.

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT ON WPⓒ NO: 3833 NO: 3833 OF 2021 DATED 21.12.2021 EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT ON R.P NO: 469 OF 2022. 60-64.

EXHIBIT P5 THE TRUE COPY OF THE SALE DEED DATED 28.01.1994.

EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 03.07.20

RESPONDENTS' EXHIBITS NIL

TRUE COPY P.A. TO JUDGE