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Prema Sreekuttan vs Station House Officer
2024 Latest Caselaw 30968 Ker

Citation : 2024 Latest Caselaw 30968 Ker
Judgement Date : 23 October, 2024

Kerala High Court

Prema Sreekuttan vs Station House Officer on 23 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:78784


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 23RD DAY OF OCTOBER 2024/1ST KARTHIKA, 1946

                       WP(C) NO. 37256 OF 2024

PETITIONERS:

    1     PREMA SREEKUTTAN
          AGED 53 YEARS, W/O. SREEKUTTAN PARAMBATHERIL(H),
          THOTTATHINKADAVU, KALLURUTTY, OMASSERY, NEELESWARAM,
          KOZHIKODE DISTRICT, PIN - 673603

    2     SREEKUTTAN
          AGED 54 YEARS, S/O. RAJAPPAN PARAMBATHERIL(H),
          THOTTATHINKADAVU, KALLURUTTY, OMASSERY, NEELESWARAM,
          KOZHIKODE DISTRICT, PIN - 673603

    3     AJAY SREEKUTTAN
          AGED 25 YEARS, S/O. SREEKUTTAN PARAMBATHERIL(H) ,
          THOTTATHINKADAVU, KALLURUTTY, OMASSERY, NEELESWARAM,
          KOZHIKODE DISTRICT, PIN - 673603

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          B.R.SINDU
          V.R.SANJEEV KUMAR
          V.ROHITH
          AFNA V.P.
          REMYA MURALI




RESPONDENTS:

    1     STATION HOUSE OFFICER
          MUKKAM POLICE STATION, MUKKAM,
          KOZHIKODE DISTRICT, PIN - 673602
 WP(C) NO. 37256 OF 2024
                                  2
                                                         2024:KER:78784


     2      ATHIRA
            D/O. SASEENDRAN, RESIDING AT ILLAKANDIYIL HOUSE,
            OMASSERY, NEELESWARAM, KOZHIKODE DISTRICT,
            PIN - 673603

     3      P.T.BABU
            CHAIRMAN, MUKKAM MUNICIPALITY,
            MUKKAM, KOZHIKODE DISTRICT,
            PIN - 673602

     4      NOUFALMALLISSERY
            MEMBER, 5TH DIVISION, MUKKAM MUNICIPALITY,
            MUKKAM, KOZHIKODE DISTRICT, PIN - 673602

     5      NIKUNJAM VISWANATHAN
            MEMBER, 6TH DIVISION, MUKKAM MUNICIPALITY,
            MUKKAM, KOZHIKODE DISTRICT, PIN - 673602

            SRI. SUNILKUMAR KURIAKOSE, SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37256 OF 2024
                                          3
                                                                    2024:KER:78784


                                  JUDGMENT

Dated this the 23rd day of October, 2024

The writ petition is filed seeking an order

restraining the 1st respondent, Station House Officer,

Mukkam Police Station and his subordinates from

harassing the petitioners and compelling them to

execute a sale agreement in favour of the 2 nd

respondent. A perusal of the records reveals that,

voicing the same grievance, the petitioner had

approached this Court earlier in WP(C) No.30544 of 2024

and that writ petition was disposed of by Ext.P2

judgment, recording the submission of the learned

Government Pleader that the police has no intention of

harassing the petitioners, in connection with their civil

dispute with the 2nd respondent. Thereafter, the

petitioners approached this Court again by filing WP(C)

No.34812 of 2024 and that writ petition was closed as

infructuous, taking note of the fact that the situation, WP(C) NO. 37256 OF 2024

2024:KER:78784

which had prompted the petitioners to seek police

protection, is over and no law and order issues were

reported.

2. The petitioners cannot approach this

Court again on identical set of facts and voicing the

same grievance. This Court is not expected to entertain

repeated writ petitions, all the more so when the police

assures that the petitioners will not be harassed.

The writ petition is hence dismissed.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 37256 OF 2024

2024:KER:78784

APPENDIX OF WP(C) 37256/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 27.05.2024 EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT MADE IN W.P. (C).NO.30544/2024 DATED 04.09.2024

EXHIBIT P3 A TRUE COPY OF THE NOTICE PROPOSED TO HOLD A JANAKEEYA CONVENTION ON 06.10.2024 AGAINST THE 1ST PETITIONER ISSUED BY THE MEMBERS OF WARD NO,5 AND 6 OF MUKKAM MUNICIPALITY

EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 04.10.2024 BEFORE THIS HON'BLE COURT IN W.P.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 15.10.2024 MADE IN W.P.(C).NO.34812/2024 BY THIS HON'BLE COURT

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 16.10.2024 FILED BY THE 1ST PETITIONER AGAINST THE RESPONDENTS MENTIONED THEREIN IN I.A.NO.2/2024 IN O.S.NO.152/2024 BEFORE THE MUNSIFF COURT, THAMARASSERY

EXHIBIT P7 A TRUE COPY OF THE INTERIM INJUNCTION ORDER DATED 19.10.2024 PASSED BY THE HON'BLE MUNSIFF COURT THAMARASSERY IN I.A. NO.2/2024

 
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