Kerala High Court
Radhakrishnan R vs State Of Kerala on 14 November, 2024
2024:KER:85338
1
WP(C) No.27197 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
WP(C) NO. 27197 OF 2020
PETITIONERS:
1 RADHAKRISHNAN R, AGED 56 YEARS, S/O.RAGHAVAN,
VIJAYA BHAVAN, KARINADA, KADAVATTARAM,
NEYYATTINKKARA POST, THIRUVANANTHAPURAM
DISTRICT-695121.
2 SREELATHA V., AGED 49 YEARS
W/O.RADHAKRISHNAN R., VIJAYA BHAVAN, KARINADA,
KADAVATTARAM, NEYYATTINKKARA POST,
THIRUVANANTHAPURAM DISTRICT-695121.
BY ADVS. AJIT G ANJARLEKAR
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM
RURAL, PATTOM P.O., THIRUVANANTHAPURAM-695004.
3 THE STATION HOUSE OFFICER,
NEYYATTINKARA CIRCLE, OFFICE OF THE CIRCLE
INSPECTOR OF POLICE, NEYYATTINKARA,
THIRUVANANTHAPURAM-695121.
SRI.RAJEEV JYOTHISH GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:85338
2
WP(C) No.27197 of 2020
JUDGMENT
Dated this the 14th day of November, 2024
The writ petition is preferred alleging police
harassment. The dispute is purely civil in nature and a suit is
pending before the Court of Additional Munsiff-I,
Neyyattinkara as OS No.935/2020.
2. Under such circumstances, this writ petition need
not be retained before this Court unnecessarily. When the
police authority proposes to take any further steps in the
matter, they shall comply with the provisions of Section 63 of
the Kerala Police Act and Section 35(3) of the Bharathiya
Nagarik Suraksha Sanhita (BNSS), 2023.
3. If there is any further grievance, the petitioners
can approach this Court again.
With the above liberty, this writ petition is closed.
sd/-
P.M.MANOJ
JUDGE
das
2024:KER:85338
APPENDIX OF WP(C) 27197/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF DOCUMENT NO.439/2006
DATED 18.2.2006 OF SRO, AMARAVILA.
EXHIBIT P2 A TRUE COPY OF DOCUMENT NO.1509/2006
DATED 29.6.2006 OF SRO, AMARAVILA.
EXHIBIT P3 A TRUE COPY OF LETTER DATED 15.5.2018
ISSUED BY THE SECRETARY, AKSHAYA
RESIDENTS ASSOCIATION, KARINADA,
NEYYATTINKARA.
EXHIBIT P4 A TRUE COPY OF RECEIPT DATED 13.9.2018
ISSUED BY NEYYATTINKARA MUNICIPALITY.
EXHIBIT P5 A TRUE COPY OF REPRESENTATION DATED
13.9.2018 SUBMITTED BY THE 2ND
PETITIONER BEFORE NEYYATTINKARA
MUNICIPALITY.
EXHIBIT P6 A TRUE COPY OF PLAINT IN OS
NO.935/2020 BEFORE THE COURT OF THE
ADDITIONAL MUNSIFF-I, NEYYATTINKARA.
EXHIBIT P7 A TRUE COPY OF ORDER OF INJUNCTION
DATED 25.11.2020 IN I.A.NO.01/2020 IN
OS NO.935/2020, OF THE COURT OF THE
ADDITIONAL MUNSIFF-I, NEYYATTINKARA.
EXHIBIT P8 A TRUE COPY OF OBJECTION IS OS
NO.935/2020 BEFORE THE COURT OF THE
ADDITIONAL MUNSIFF-I, NEYYATTINKARA.
EXHIBIT P9 A TRUE COPY OF NOTICE DATED 30.11.2020
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 A TRUE COPY OF NOTICE DATED 30.11.2020
ISSUED TO THE 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF REPRESENTATION DATED
30.11.2020 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE INSPECTOR
2024:KER:85338
GENERAL OF POLICE, THIRUVANANTHAPURAM.
EXHIBIT P12 COLOUR PHOTOGRAPHS OF THE LIE OF THE
PROPERTY.
