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