Ramani A.C vs The Station House Officer
2024 Latest Caselaw 31259 Ker

Kerala High Court

Ramani A.C vs The Station House Officer on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:87207



               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. 37520 OF 2024

PETITIONER:

          RAMANI A.C
          AGED 54 YEARS
          W/O. NESAIAN .S, PONNANVILAYIL, CHELLAKKADU P.O, RANNI,
          PATHANAMTHITTA, PIN - 689677


          BY ADVS.
          BOBY THOMAS
          WINSTON K.V


RESPONDENTS:

    1     THE STATION HOUSE OFFICER
          RANNI POLICE STATION, RANNI P.O, PATHANAMTHITTA
          DISTRICT, PIN - 689672

    2     PRAFIN LOPPAS
          S/O. PLASIT LOPPAS, RESIDING AT MINI HOUSE, VOUTTUKAL
          PARAMBU, KOTTAPURAM P.O, VIZHINJAM VILLAGE, TRIVANDRUM
          DISTRICT, PIN - 695521


          BY ADVS.
          SANU S MALAKEEL
          HARIKUMAR V.K.(K/1312/2001)


          SRI. P.S. APPU, GP.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.37520 of 2024                                     2024:KER:87207
                                   2




                             JUDGMENT

Dated this the 1st day of November, 2024

When this matter is taken up for

consideration, learned Counsel for the 2 nd respondent

submitted that, other than resorting to a peaceful

agitation, her client has not indulged in any illegal

activity. It is also submitted that the 2 nd respondent

was duped into paying an amount of Rs.60,00,000/-

towards sale consideration for the petitioner's

property, and even the sale did not happen, the

petitioner refused to return the money.

2. Learned Counsel for the petitioner admits

that an agreement for sale was executed and the

sale did not take place. It is submitted that the

agreement provides for forfeiture of the advance WP(C)No.37520 of 2024 2024:KER:87207

amount and the 2nd respondent's remedy is to

approach the competent civil court.

3. Learned Government Pleader submits that

a crime registered in connection with the dispute is

pending investigation.

In view of the above submissions, the writ

petition is closed, reserving the 2nd respondent's right

to resort to legal remedies and directing the police to

intervene only if the dispute between the parties

gives rise to any law and order issue.

Sd/-

V.G.ARUN

JUDGE SSK/01/11 WP(C)No.37520 of 2024 2024:KER:87207

APPENDIX OF WP(C) 37520/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF PETITIONER'S DAUGHTER'S MARRIAGE RECEPTION INVITATION LETTER

Exhibit P2 A TRUE COPY OF PETITIONER'S SON'S MARRIAGE INVITATION LETTER

Exhibit P3 A TRUE COPY OF AGREEMENT FOR SALE EXECUTED ON 25.09.2024 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 17.10.2024 ALONG WITH ITS RECEIPT DATED 22.10.2024

Exhibit P5 A TRUE COPY OF PHOTOGRAPH WHICH SHOWS THAT AGITATORS BLOCKING GATE OF THE PETITIONER'S HOUSE

TRUE COPY P.A. TO JUDGE