Ramesh M vs State Of Kerala
2023 Latest Caselaw 12905 Ker

Kerala High Court

Ramesh M vs State Of Kerala on 8 December, 2023

Author: V.G.Arun

Bench: V.G.Arun

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                &
             THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                     WA NO. 2213 OF 2015
  AGAINST THE JUDGMENT IN WPC 15138/2015 OF HIGH COURT OF
                            KERALA
APPELLANTS/PETITIONERS 2 & 6:

    1     RAMESH M.
          AGED 32 YEARS, S/O.MANI,
          HOUSE NO.380(16/359)ITD NALLATHANI, MUNNAR - 10

    2     SHAMSUDHEEN K I
          S/O.ISMAIL, KILLIYANKAL HOUSE, PADAMUKAL,
          THRIKKAKARA P O, ERNAKULAM - 682 021

          BY ADV SRI.LEO GEORGE



RESPONDENTS/RESPONDENTS AND PETITIONERS 1, 3-5 & 7:

    1     STATE OF KERALA
          REP BY THE CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

    2     SUB INSPECTOR OF POLICE
          PALARIVATTOM POLICE STATION, ERNAKULAM - 682 020

    3     SENIOR GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          DISTRICT OFFICE, ERNAKULAM

    4     NAVAS V K
          AGED 36 YEARS, S/O.KAREEM, VEVUKADU HOUSE,
          ELOOR NORTH UDYOGAMANDAL P O, NORTH PARUR
 W.A.No.2213 of 2015
                                   2

     5       RAJESH K R
             AGED 39 YEARS, S/O.K G RAMACHANDRAN,
             KALEEL HOUSE, HOUSE NO 19/350A, P D ROAD,
             PALLURUTHY, KOCHI - 682 006

     6       RAFEEQUE B M
             S/O.MUHAMMED, KERITHAPARAMBIL HOUSE,
             VAZHAKKALA,KAKKANAD KOCHI - 682030

     7       MARYDASAN P J
             S/O.JOSEPH, HOUSE NO 1/502D, PERUMGHATTU HOUSE,
             THUTHIYOOR, CSEZ P O, KAKKANAD 682 037

     8       SHAJI A M
             S/O.MAMMIC, HOUSE NO 7/962, PANDARAPARAMBIL HOUSE,
             PANAYAPPALLY, KOCHI 682 002


             BY SR.GP.K.P.HARISH FOR R1 TO R3




      THIS    WRIT    APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.2213 of 2015
                                 3

                            JUDGMENT

Dated this the 8th day of December 2023

A.J. Desai, C.J.

By way of the present appeal filed under section 5 of the

Kerala High Court Act, 1958, the appellants/original petitioners 2

and 6 have challenged the judgment of the learned single Judge

dated 12.08.2015 in W.P.(C)No.15138 of 2015.

Having gone through the prayers made in the writ petition,

we dispose of the writ appeal with the following directions:

i. It would be open for the appellants to file

appropriate proceedings for discharge or quashing

of the offences levelled against them.

ii. If such proceedings are filed, the court shall pass

appropriate orders without being influenced by the

observations made by the learned single Judge.

iii. If such proceedings are filed within a period of eight

weeks from today, the interim relief granted and

continued during the pendency of the present

proceedings, shall remain in force.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge vpv

//TRUE COPY//

P.A. TO JUDGE