N.K. Georgekutty vs State Of Kerala
2023 Latest Caselaw 4692 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                 WP(C) NO. 12385 OF 2023
PETITIONERS:

    1    N.K. GEORGEKUTTY
         AGED 64 YEARS
         S/O. KOCHUKOSHI, TC. 5/1964-1, NEDUVACCATTU
         BUILDING, PIPELINE ROAD, KOWDIAR P.O.,
         THIRUVANANTHAPURAM, PIN - 695003
    2    M/S. SREESHYLAM CONTRACTING AND REAL ESTATE PVT
         LTD.REPRESENTED BY ITS MANAGING DIRECTOR,
         N.K. GEORGEKUTTY, AGED 64, S/O. KOCHUKOSHI,
         TC. 5/1964-1, NEDUVACCATTU BUILDING,
         PIPELINE ROAD, KOWDIAR P.O.,
         THIRUVANANTHAPURAM, PIN - 695003

         BY ADVS.
         S.V.RAJAN
         P.B.MALINI RAO
         KAILAS NATH
         SWETHA P. DILEEP


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE STATE POLICE CHIEF,
         KERALA STATE, POLICE HEAD QUARTERS,
         VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
    2    THE INSPECTOR GENERAL AND
         COMMISSIONER OF POLICE
         CITY POLICE OFFICE, THIRUVANANTHAPURAM,
         KERALA STATE, 695033
    3    THE INSPECTOR STATION HOUSE OFFICER
         MUSEUM POLICE STATION,
         THIRUVANANTHAPURAM,
         KERALA STATE, PIN - 695033
 WP(C) No.12385 of 2023

                            2


     4      P.S. THOMAS
            PROPRIETOR, NISSY ENTERPRISES,
            15,422, POST OFFICE JUNCTION,
            NEDUMBASSERY P.O., ATHANI,
            ERNAKULAM, PIN - 683585

            SRI.E.C. BINEESH, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.12385 of 2023

                               3


                            JUDGMENT

Dated this the 12th day of April, 2023

The petitioners state that the 4 th respondent, who is a

Sub Contractor filed Ext.P1 complaint before the police

alleging that ₹4,36,46,205/- is due from the petitioners on

account of the construction/contract works done by him for the

petitioners.

2. The petitioners state that no amount as claimed by

the 4th respondent is due from the petitioners. However, the

3rd respondent summoned the 1st petitioner and issued a

Settlement Letter. Now, the police authorities are insisting that

the petitioners have to pay money as demanded by the 4 th

respondent. The petitioners are being subjected to police

harassment.

3. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader submitted

that the petitioners have not been subjected to any WP(C) No.12385 of 2023

harassment. A complaint was received in respect of a

monetary transaction, which is being enquired into to examine

whether any criminal offence is involved.

4. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing

respondents 1 to 3. In view of the nature of the relief to be

granted in the writ petition, notice to the 4th respondent is

dispensed with.

5. From the pleadings and arguments made at the

Bar, it is evident that the issue involved is primarily a

monetary transaction. Concern of respondents 1 to 3 is that a

complaint has been received and it is to be ascertained

whether any criminal offence is involved. Therefore, the

petitioners may have to be summoned as part of the

investigation.

6. Counsel for the petitioners would submit that FIR

has not been registered so far and if an FIR is being

registered, the petitioners are willing to co-operate with the WP(C) No.12385 of 2023

investigation proceedings.

In view of the facts as stated above, the writ petition is

disposed of directing the 3rd respondent that if the presence of

the petitioners is required in connection with investigation of

the offence in respect of the transaction alleged in this writ

petition, Section 41A notice should be issued to the

petitioners.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.12385 of 2023

APPENDIX OF WP(C) 12385/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 17.02.2023 SUBMITTED BY THE RESPONDENT NO.4(P.S THOMAS) BEFORE THE RESPONDENT NO.2 (COMMISSIONER OF POLICE, TRIVANDRUM) UNDER REF NO.

G9/13683/2023/TC DATED 17.02.2023 Exhibit P2 TRUE-COPY OF THE FORWARDING LETTER DATED 22.02.2023 ISSUED BY THE RESPONDENT NO. 2 TO THE RESPONDENT NO 3 UNDER ENDT NO. G9-13683/2023 TC .

Exhibit P3        TRUE-COPY OF THE SETTLEMENT LETTER
                  DATED   25.02.2023     ISSUED     BY   THE

RESPONDENT NO. 3 TO THE RESPONDENT NO. 4 UNDER FILE REF NO. 126/IDPTN/B-

5/2023 DATED 25.02.2023.

Exhibit P4        TRUE-COPY OF THE SETTLEMENT REPORT
                  DATED   25.02.2023     UNDER    REF    NO.
                  126/IDPTN/B-5/2023      SENT     BY    THE

RESPONDENT NO. 3 TO RESPONDENT NO. 2. Exhibit P5 TRUE-COPY OF THE CIRCULAR NO. 04/2012 UNDER THE HEADING "POLICE INTERFERENCE IN CIVIL DISPUTES-INSTRUCTIONS" ISSUED BY THE STATE POLICE CHIEF, KERALA DATED NIL