Kerala High Court
Pramod Stephen Mathew vs State Of Kerala on 12 November, 2024
2024:KER:84330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 12TH DAY OF NOVEMBER 2024/21ST KARTHIKA, 1946
WP(C) NO. 6463 OF 2020
PETITIONERS:
1 PRAMOD STEPHEN MATHEW,
AGED 36 YEARS,
S/O. LATE MATHEW VARGHESE, MANAGING PARTNER,
M/S. SOUTHEND PROPERTIES, MANNIL BUILDING,
KANJIRATHINMOODU, CHENGANNUR, ALAPPUZHA,
RESIDING AT MANNIL HOUSE, POOMALA P.O.,
CHENGANNUR, ALAPPUZHA DISTRICT.
2 GEORGE MATHEW,
S/O. LATE M.G. MATHEW , PARTNER,
M/S. SOUTHEND PROPERTIES, MANNIL BUILDING,
KANJIRATHINMOODU, CHENGANNUR, ALAPPUZHA,
RESIDING AT MANNIL PUTHENPURAYIL,
MULAKUZHA P.O. MULAKUZHA VILLAGE,
CHENGANNUR, ALAPPUZHA DISTRICT.
3 GIGI GEORGE,
S/O. LATE GEORGE KURIAN, PARTNER,
M/S. SOUTHEND PROPERTIES, MANNIL BUILDING,
KANJIRATHINMOODU, CHENGANNUR, ALAPPUZHA,
RESIDING AT MANNIL HOUSE, MULAKUZHA P.O.
CHENGANNUR, ALAPPUZHA DISTRICT.
4 ABRAHAM VARGHESE,
S/O. V.K. ABRAHAM, PARTNER,
M/S. SOUTHEND PROPERTIES, MANNIL BUILDING,
KANJIRATHINMOODU, CHENGANNUR, ALAPPUZHA,
RESIDING AT PRESIDENCY HOUSE KALOOR,
KOCHI, ERNAKULAM DISTRICT.
BY ADVS.
P.HARIDAS
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
W.P.(C).No.6463 of 2020
2024:KER:84330
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SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME, STATE SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM - 695 001.
3 DISTRICT POLICE CHIEF,
KANNUR DISTRICT - 670 002.
4 THE STATION HOUSE OFFICER (SHO),
KANNUR TOWN POLICE STATION,
KANNUR DISTRICT - 670 002.
5 THE STATION HOUSE OFFICER (SHO),
THALIPARAMBU POLICE STATION,
KANNUR DISTRICT - 670 141.
6 SREEJITH BHASKARAN,
S/O. BHASKARAN, PRANAVAM HOUSE,
KUTTIKOL P.O. KOOVODU DESOM,
THALIPARAMBU VILLAGE THALIPPARAMBU TALUK,
KANNUR DISTRICT - 670 141.
7 VIJAYAN.C.,
S/O. LATE KUNJIRAMAN, SANJEEVANI HOUSE,
BAKKALAM, KANUL P.O. THALIPARAMBU TALUK,
KANNUR DISTRICT - 670 141.
8 SURESH POTHEN,
S/O. LATE NARAYANAN, NEERMATHALAM,
KANNOTHUMCHAL, CHOVYA .O. KANNUR AMSOM,
KANNUR TALUK - 670 006.
9 T.V. PRASANTH,
S/O. NARAYANAN, K M HOSE, CHUNDA,
MOTTAMMEL, KANNAMPURAM DESOM, KANNUR TALUK,
KANNUR DISTRICT - 683 102.
W.P.(C).No.6463 of 2020
2024:KER:84330
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R1 TO 5 - SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.6463 of 2020
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JUDGMENT
(Dated this the 12th day of November, 2024)
The writ petition is preferred alleging police
harassment in a case which is purely in the nature of monetary
dispute. When the matter was considered on 03.03.2020, it
was observed by this Court that, if the petitioners are not
required for any crime registered, the police need not summon
them. On the basis of such direction itself, it appears that the
grievance voiced in the writ petition is redressed.
2. Under such circumstances, there will be a
direction that, if no cases are registered by the police against
the petitioners, they shall comply with the provisions of
Section 63 of the Kerala Police Act, 2011 as well as Section 35
(3) of the Bharatiya Nagarika Suraksha Sanhita Act, 2023 in
cases where petitioner's presence is required.
With the above observation, the writ petition is closed.
Sd/-
P.M.MANOJ
JUDGE
ADS
2024:KER:84330
APPENDIX OF WP(C) 6463/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONERS FIRM DATED 05.10.2016.
EXHIBIT P2 TRUE COPY OF THE SUPPLEMENTARY TIME EXTENSION
AGREEMENT EXECUTED BY THE PETITIONERS' FIRM
DATED 10.12.2016.
EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS NO. 386/2017
ALONG WITH INTERLOCUTORY APPLICATION FOR
TEMPORARY INJUNCTION HEREOF THE MUNSIFF
COURT, CHENGANNUR DATED 20.12.2017.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OS NO. 386/2017
OF MUNSIFF COURT, CHENGANNUR DATED
19.03.2019.
EXHIBIT P5 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED
28.10.2019.
EXHIBIT P6 TRUE COPY OF THE ADDENDUM TO THE ORIGINAL
AGREEMENT DATED 28.08.2019.
EXHIBIT P7 TRUE COPY OF THE ADDENDUM TO THE ORIGINAL
AGREEMENT 28.10.2019.
EXHIBIT P8 TRUE COPY OF THE PLAINT IN O.S. NO. 2/2020
BEFORE THE SUB COURT, CHENGANNUR DATED
12.01.2020.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THIS HONBLE COURT
IN BA NO. 1041/2020 DATED 27.02.2020.
