Nadathi Kunji Muhammed vs Commissioner Of Police
2023 Latest Caselaw 11086 Ker

WP(CRL.) NO. 1076 OF 2023                  1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                            WP(CRL.) NO. 1076 OF 2023
PETITIONER/S:

               NADATHI KUNJI MUHAMMED
               AGED 64 YEARS
               S/O MOITHEEN HAJI, PADINJARE PURAKKAL HOUSE,
               THIRUVATHA P.O, CHAVAKKAD, THRISSUR DISTRICT, ., PIN
               - 680516

               BY ADVS.
               P.T.SHEEJISH
               APARNA V. DEVASSIA
               A.ABDUL RAHMAN (A-1917)
               HEMANTH H.



RESPONDENT/S:

      1        COMMISSIONER OF POLICE
               POLICE COMMISSIONERATE, KOCHI CITY, OFFICE OF THE
               KOCHI CITY POLICE COMMISSIONER, REVENUE TOWER,
               MARINE DRIVE, KOCHI, ERNAKULAM DISTRICT,, PIN -
               682001

      2        STATION HOUSE OFFICER
               MARADU POLICE STATION, MARADU, ERNAKULAM DISTRICT,,
               PIN - 682304


OTHER PRESENT:

               SRI RENJITH PP

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(CRL.) NO. 1076 OF 2023                   2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                     W.P.(Crl.) No. 1076 of 2023
                     --------------------------------------
               Dated this the 26th day of October, 2023


                                 JUDGMENT

The above writ petition (Crl.) is filed with following

prayers :

(i) "Issue a writ of Mandamus or any appropriate writ, order or direction commanding the respondents to immediately consider Exhibit P7 and P8 complaints of the petitioner, and to conduct effective and speedy investigation in the same, so as to render the Justice adequately.

(ii) To dispense with the production of the translations of the vernacular documents, and

(iii) any other relief which this Hon'ble Court may deem fit and necessary in the interest of Justice." [SIC]

2. The petitioner submitted that he has got certain

grievances and the police authorities are not acting upon. It is

also submitted that the petitioner was physically obstructed by

some persons which narrated in Exts.P7 and P8 and even then,

no case is registered. If the police authorities are not taking

any action, there are remedies available to the petitioner in the

Criminal Procedure Code. The petitioner is free to approach

the Jurisdictional Court with appropriate complaint. If the

petitioner is not allowed to enter his premises by anybody, for

that also, there are remedies available in the law. The

petitioner is free to avail such remedies. No writ petition can

be entertained at this stage.

Granting liberty to the petitioner to avail other remedies,

this writ petition (Crl.) is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(CRL.) 1076/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED DATED 03.09.2021 NO. 1609/2021 OF SRO MARADU

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.12.2022 ISSUED FROM THE POONITHURA VILLAGE OFFICE

Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED FROM THE KOCHI MUNICIPAL CORPORATION DATED 23/10/2021

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.07.2023

Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22-12-2022

Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 17.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, GRANDEUR WESTEND PALACE FLAT OWNERS ASSOCIATION

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 11.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 11.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT