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P.A. Vasudevan vs State Of Kerala
2024 Latest Caselaw 18880 Ker

Citation : 2024 Latest Caselaw 18880 Ker
Judgement Date : 28 June, 2024

Kerala High Court

P.A. Vasudevan vs State Of Kerala on 28 June, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                       PRESENT
  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA,
                           1946
               WP(CRL.) NO. 708 OF 2024


PETITIONER:

         P.A. VASUDEVAN
         AGED 70 YEARS
         S/O AYYER, PUTHENPARAMPIL HOUSE,
         PANACHIKADU VILLAGE, KUZHIMATTOM P.O.,
         KOTTAYAM DISTRICT,
         PIN - 686533

         BY ADVS.
         SANIL JOSE
         BONNY BENNY
         K.P.ANTONY BINU
         AMALJITH


RESPONDENTS:

   1     STATE OF KERALA
         REPRESENTED BY THE HOME SECRETARY,
         HOME DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001

   2     DISTRICT MAGISTRATE IDUKKI
         COLLECTORATE, PAINAVU P.O., IDUKKI,
         PIN - 685603

   3     DISTRICT POLICE CHIEF
         CIVIL STATION, IDUKKI, PIN - 685603

   4     STATION HOUSE OFFICER
         VILLAGE OFFICE, VATTAVADA, IDUKKI
         DISTRICT, PIN - 685615
 WP(Crl.) NO. 708 of 2024
                                 2


    5       MUHAMMED ASHIQ U.A
            AGED 45 YEARS
            S/O ABDUL RAHMAN MAULAVI, ULLADATHU MUBARAQ
            MANZIL, EDATHALA NORTH P.O., ALUVA EAST
            VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
            PIN - 683561

            BY ADV
            SRI. SREEJA V (PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION    ON   28.06.2024,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(Crl.) NO. 708 of 2024
                                          3




                   BECHU KURIAN THOMAS, J
                   .............................................
                       WP(Crl.) No. 708 of 2024
                 .......................................................
                Dated this the 28th day of June, 2024


                                 JUDGMENT

By an order dated 17.06.2024, the 4 th respondent

sealed off the buildings belonging to the petitioner bearing

No.VGP VIII/329 and VIII/59 for 24 hours. Subsequently, by

Ext.P9 order dated 18.06.2024, the 2nd respondent confirmed the

said order and extended it for a further 59 days as per Section

67(1) of the Kerala Police Act, 2011. In the meantime, the

petitioner filed an application under Section 67(2) of the Kerala

Police Act, 2011, for modification of the order of the District

Magistrate. The said application is pending consideration. The

limited prayer of the petitioner in this writ petition is for a direction

to consider his application in a time bound manner.

2. Having heard, Sri. Sanil Jose, the learned counsel for

the petitioner and Smt. Sreeja V, the learned Public Prosecutor,

this Court is of the view that the writ petition can be disposed of. WP(Crl.) NO. 708 of 2024

3. Hence, there will be a direction to the 2 nd respondent to

consider and pass appropriate orders on Ext.P10 application, as

expeditiously as possible, at any rate, within a period of three

weeks from the date of receipt of copy of the judgment after

hearing the petitioner and the third respondent.

Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ WP(Crl.) NO. 708 of 2024

APPENDIX OF WP(CRL.) 708/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT FOR SALE DATED 4/5/2019 EXECUTED BY THE PETITIONER EXHIBIT P2 TRUE PHOTOCOPY OF THE PLAINT DATED 1/12/2023 IN O.S.NO.292/2023, MUNSIFF COURT, DEVIKULAM EXHIBIT P3 TRUE PHOTOCOPY OF THE PLAINT DATED 1/12/2023 IN O.S.NO.293/2023, MUNSIFF COURT, DEVIKULAM EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 25/5/2024 IN I.A.NO.1/2023 IN O.S.NO.287/2023, MUNSIFF COURT, DEVIKULAM EXHIBIT P5 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 18/4/2024 ISSUED BY THE VILLAGE OFFICER, VATTAVADA EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER DATED 21/12/2023 IN W.P.(C).NO.43357/2023 OF THIS HON'BLE COURT EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER DATED 13/6/2024 IN W.P.(C).NO.21250/2024 OF THIS HON'BLE COURT EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER DATED NIL ISSUED BY THE 4TH RESPONDENT STATION HOUSE OFFICER EXHIBIT P9 TRUE PHOTOCOPY OF THE ORDER DATED 18/6/2024 PASSED BY THE 2ND RESPONDENT DISTRICT MAGISTRATE EXHIBIT P10 TRUE PHOTOCOPY OF THE APPLICATION DATED 21/6/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P11 TRUE PHOTOCOPY OF THE RECEIPT DATED 21/6/2024 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT

TRUE COPY

 
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