Citation : 2022 Latest Caselaw 11222 Ker
Judgement Date : 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 35227 OF 2022
PETITIONER:
SAIDALAVI KOLAKKADAN,
AGED 60 YEARS
S/O MOIDHEEN, VALIYAPARAMBA KOTTAKKAL,
MALAPPURAM-676503.
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
RESPONDENTS:
1 DISTRICT POLICE CHIEF,
OFFICE OF DISTRICT POLICE CHIEF MALAPPURAM UP HILL,
MALAPPURAM-676504.
2 STATION HOUSE OFFICER,
KOTTAKKAL POLICE STATION, KOTTAKKAL,
MALAPPURAM-676503.
3 STATION HOUSE OFFICER
MALAPPURAM POLICE STATION, DOWNHILL POST,
MALAPPURAM-676519.
BY ADV ADVOCATE GENERAL OFFICE KERALA
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35227 OF 2022 2
JUDGMENT
Dated this the 2nd day of December, 2022
This writ petition is filed seeking the following reliefs:-
i. Issue a writ of mandamus or other appropriate writ,
order or direction directing the respondents to refrain from any
action of harassment against the petitioner.
ii. Issue a writ of Mandamus or any other appropriate Writ,
direction or order directing the 1 st respondent to take action on
Ext.P4 complaint forthwith.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is harassed by the police officials of the
Kottakkal and Malappuram police stations. It is submitted that all
the criminal cases, which were registered against the petitioner
have now ended and that the criminal revision petitions have also
been compromised. It is submitted that there are, at present, no
further complaints against the petitioner and that the continued
harassment of the petitioner is not justified.
4. A memo has been placed on record by the learned
Government Pleader with the reports of the Station House Officers
of both the police stations. It is submitted that since there were
several cases registered against the petitioner and his history
sheet had been transferred to the Malappuram police station, the
respondents had been only keeping a watch on criminal activities
and he was summoned only to verify that he was not involved in
any such activities.
In view of the fact that the petitioner specifically contends
that there are no fresh criminal complaints against the petitioner
and since that fact is not disputed by the Station House Officers,
there will be a direction that while surveillance can continue, the
petitioner will not be unnecessarily harassed by the respondents.
Sd/-
ANU SIVARAMAN JUDGE ska
APPENDIX OF WP(C) 35227/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 28.07.2016 IN CRL.R.P. NO. 1051/2005 OF THIS HON'BLE COURT.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 28.07.2016 IN CRI.R.P. NO. 1054/2005 OF THIS HON'BLE COURT.
Exhibit P3 A TRUE COPY OF THE CASE STATUS IN CR.R.P. NO.
1055/2005 OF THIS HON'BLE COURT.
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 17.10.2022 SUBMITTED TO THE 1ST RESPONDENT.
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