Mohanan.V.G vs State Of Kerala
2024 Latest Caselaw 27452 Ker

Kerala High Court

Mohanan.V.G vs State Of Kerala on 11 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

WP(C) No.21017/2017                         1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
           Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
                  UNNUMB.IA.NO.1/2024 IN WP(C) NO. 21017 OF 2017
   APPLICANT/PETITIONER:

          GEORGE OOMMEN,AGED 64 YEARS, S/O.OMMEN, ENNAKKATTU K.P.M
          HOUSE,KEEZHCHERIMEL, CHENGANNUR P.O.,PIN-689121, REPRESENTED BY HIS
          BROTHER AND P.A.HOLDER OMMEN YOHANNAN, AGED 73 YEARS, S/O.
          OMMEN,ENNAKKATTU K.P.M HOUSE, KEEZHCHERIMEL,CHENGANNUR P.O., VILLAGE
          & TALUK, ALAPPUZHA DISTRICT, PIN -89121.

   RESPONDENTS/PETITIONERS IN W.P(C) & RESPONDENTS IN W.P.(C):

      1. MOHANAN.V.G, AGED 57 YEARS, S/O. GOPALAN,VALIYAPARAMBIL,
         THITTAMEL,CHENGANNUR PRESENTLY REISING AT MONISHA SADANAM,
         KANJIRATHUMOODU,CHENGANNUR PO., ALAPPUZHA DISTIRCT,PIN-689121
      2. V.R.UTHAMAN, VALIYAPARAMBIL, VADAKKETHIL,THITTAMEL,CHENGANNUR
         PO.,ALAPPUZHA DISTRICT, PIN-689121.
      3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT OF LOCAL SELF
         GOVERNMENTS,SECRETARIAT, THIRUVANANTHAPURAMPIN-695001.
      4. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA PIN-688001.
      5. CHENGANNUR MUNICIPALITY, REP BY ITS SECRETARY,MUNICIPAL
         OFFICE,CHENGANNUR PO.,PIN-689121
      6. THE MUNICIPAL COUNCIL, CHENGANNUR REPRESENTED BY ITS CHAIRPERSON,
         CHENGANNUR MUNICIPALITY,MUNICIPAL OFFICE, CHENGANNUR PO PIN-689121.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to recall the Judgment
   dated 15.11.2018 and conduct an enquiry under enquiry under sec.379 of
   B.N.S.S (Act 46 of 2023)(sec.340 of Cr.P.C) read with sec.215 (1) (b) (i)
   of B.N.S.S (Act 46 of 2023)(Sec.195(b)(i) of Cr.P.C) and forward it to the
   Police    for    registration      of   crime    for   offences     under
   sec.193,209,465,468,471 of I.P.C, as offences are committed prior to the
   introduction of the B.N.S.S (Act 45 of 2023).

        This unnumbered Application coming on for orders on 11.09.2024 upon
   perusing the application and the affidavit filed in support thereof and
   this Court's judgment dated 15.11.2018,and upon hearing the arguments
   of V.SETHUNATH,V.R.MANORANJAN(MUVATTUPUZHA),SREEGANESH U.,
   LAKSHMINARAYAN.R, GAUTHAM KRISHNAN K.G., SNEHA MARY SANTHOSH for Applicant
   in IA/respondent 5 in W.P.(C), and of SRI.M.R.SUDHEENDRAN, Advocate for
   the respondents 1 & 2 in IA/petitioner in WP(C) and GOVERNMENT PLEADER for
   respondents 3 & 4 in IA/respondents 1 and 2 in W.P.(C),
   SRI.S.HARIKRISHNAN,SC, for respondents 5 and 6 in IA/ respondents 4 and 5
   in WP(C), the court passed the following:

                                                                      (p.t.o)
 WP(C) No.21017/2017                             2/2

                                           ORDER

Objections sustained.

Sd/- DEVAN RAMACHANDRAN JUDGE

11-09-2024 /True Copy/ Assistant Registrar