Amster Immigration Overseas Pvt Ltd ... vs State Of Kerala, Represented By The ...
2024 Latest Caselaw 31239 Ker

Kerala High Court

Amster Immigration Overseas Pvt Ltd ... vs State Of Kerala, Represented By The ... on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:81581



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                        WP(C) NO. 2826 OF 2023

PETITIONER:

          AMSTER IMMIGRATION OVERSEAS PVT LTD REPRESENTED BY AJU
          K MATHEW, GENERAL MANAGER,
          AGED 35 YEARS
          AMSTER IMMIGRATION OVERSEAS, TECHNO PLAZA, 6TH FLOOR,
          SERVICE ROAD, KUNDANNOOR, MARADU, KOCHI, PIN - 682304


          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY
          ANTONY NILTON REMELO




RESPONDENTS:

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

    2     THE MINISTRY OF EXTERNAL AFFAIRS,
          THE MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS
          SECRETARY, JAWAHAR LAL NEHRU BHAWAN 23-D, JANPATH, NEW
          DELHI, PIN - 110011

    3     THE DIRECTOR GENERAL OF POLICE,
          POLICE HEADQUARTERS, VAZHUTHACAUD, TRIVANDRUM, PIN -
          695010
 WP(C)No.2826 of 2023                                  2024:KER:81581
                                2

      4       THE CITY POLICE COMMISSIONER,
              THE CITY POLICE COMMISSIONAIRE, KOCHI CITY, MARINE
              DRIVE, PARK AVENUE ROAD, ERNAKULAM, PIN - 682011

      5       STATION HOUSE OFFICER,
              STATION HOUSE OFFICER, MARADU POLICE STATION, MARADU
              P.O.,, PIN - 682304

      6       UNION OF INDIA,
              UNION OF INDIA, REPRESENTED BY ITS SECRETARY, 502-C
              SHASTRI BHAWAN, NEW DELHI, PIN - 110011

      7       JINCY JAMES,
              JINCY JAMES, AGED 25 YEARS, D/O. JAMES K.G,
              KALLUPARAMBIL HOUSE, UDAYAMPEROOR P.O., ERNAKULAM, PIN
              - 682307


              SRI.P.S. APPU, GP.
              DSGI IN CHARGE T.C. KRISHNA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.2826 of 2023                                         2024:KER:81581
                                       3




                               JUDGMENT

Dated this the 1st day of November, 2024

When this matter is taken up for

consideration, learned Counsel for the petitioner

submits that the police harassment, which had

prompted the petitioner to approach this Court has

stopped. It is pointed out that Exhibit P12 complaint

filed against the 7th respondent is pending

consideration before the District Police Chief and

there may be a direction to consider the complaint.

2. I heard the learned Government Pleader

also.

Insofar as the alleged police harassment

has ceased, the writ petition is closed, directing the WP(C)No.2826 of 2023 2024:KER:81581

4th respondent to consider Exhibit P12 complaint and

take a decision thereon as expeditiously as possible.

Sd/-

V.G.ARUN

JUDGE SSK/01/11 WP(C)No.2826 of 2023 2024:KER:81581

APPENDIX OF WP(C) 2826/2023

PETITIONER EXHIBITS

Exhibit1 THE TRUE COPY OF THE AWARD RECEIVED BY THE MANAGING DIRECTOR OF THE PETITIONER'S COMPANY AT THE 44TH INDIAN ACHIEVERS SEMINAR, NEW DELHI DATED 20-2-2018

Exhibit P2 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 27-8-2022

Exhibit P3 THE TRUE COPY OF THE TRADE LICENSE DATED 31-8-2022

Exhibit P4 THE TRUE COPY OF THE RTI REPLY DATED 7-1-

Exhibit P5 THE TRUE COPY OF THE AGREEMENT DATED 6-11- 2019 ENTERED IN BETWEEN THE PETITIONER AND THE PARTY RESPONDENT

Exhibit P6 THE TRUE COPY OF THE RECEIPT ISSUED TO THE PARTY RESPONDENT

Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WP (C) NO.

33348/2018 DATED 18-12-2018

Exhibit P8 THE TRUE COPY OF THE EMAIL DATED 28-12-2020

Exhibit P9 THE TRUE COPY OF THE EMAIL DATED 14-5-2020 WHICH SHOW THAT THE WES PROCEEDINGS OF THE PARTY RESPONDENT IS ON HOLD

Exhibi P10 THE TRUE COPY OF THE EMAIL DATED 10-10-2020

Exhibit P11 THE TRUE COPY OF THE SCREEN SHOT OF THE TELEPHONE CONVERSATION INCOMING DETAILS DATED 18-1-2023

Exhibit P12 THE TRUE COPY OF THE PETITION DATED 20-1- 2023 SUBMITTED TO THE COMMISSIONER OF POLICE WP(C)No.2826 of 2023 2024:KER:81581

Exhibit P12A THE TRUE COPY OF THE POSTAL RECEIPT DATED 24-1-2023

Exhibit P13 THE TRUE COPY OF THE PETITION DATED 20-1- 2023 SUBMITTED TO THE DIRECTOR GENERAL OF POLICE

Exhibit P13A THE TRUE COPY OF THE POSTAL RECEIPT DATED 24-1-2023

Exhibit P14 THE TRUE COPY OF THE PETITION DATED 20-1- 2023 SUBMITTED TO THE CHIEF MINISTER'S GRIEVANCE CELL

Exhibit P14A THE TRUE COPY OF THE POSTAL RECEIPT DATED 24-1-2023

Exhibit P15 THE TRUE COPY OF THE SEARCH LIST DATED SEEN AS 4.1.2023

Exhibit P16 THE TRUE COPY OF THE FIR NO. 196/2023, REGISTERED AGAINST THE PETITIONER DATED 2- 2-2023

Exhibit P17 . THE TRUE COPY OF THE PETITION DATED 4-2- 2023 SUBMITTED TO THE COMMISSIONER OF POLICE

TRUE COPY P.A. TO JUDGE