MUHAMMED SHA v. THE DEPUTY SUPERINTENDENT OF POLICE, KONDOTTY,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-02-05. MUHAMMED SHA v. THE DEPUTY SUPERINTENDENT OF POLICE, KONDOTTY,. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH MONDAY, THE 5 DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 WP(C) NO. 3238 OF 2024 PETITIONER: MUHAMMED SHA AGED 65 YEARS S/O. SAID MUHAMMED, KARIPPATHODI HOUSE,KUMMINIPARAMBU P. O. ,KONDOTTY TALUK,MALAPPURAM DISTRICT, PIN - 673638 BY ADV C. M. MOHAMMED IQUABAL RESPONDENTS: 1 THE DEPUTY SUPERINTENDENT OF POLICE, KONDOTTY, DY. S. P. OFFICE, KONDOTTY P. O. , MALAPPURAM DISTRICT, PIN - 673638 2 THE CIRCLE INSPECTOR OF POLICE, KARIPPUR POLICE STATION, KUMMINIPARAMBA P. O. , MALAPPURAM DISTRICT, PIN - 673638 3 THE STATION HOUSE OFFICER, KARIPPUR POLICE STATION, KUMMINIPARAMBA P. O. , MALAPPURAM DISTRICT, PIN - 673638 4 MR. MUHAMMED KOYA, S/O. MAMMEDEESAKUTTY, KUNNATHODI VEEDU, MELANGADI, CALICUT AIRPORT P. O. , KONDOTTY AMSOM, KOLATHUR DESOM, MALAPPURAM DISTRICT, PIN - 673547 5 MRS. SUHARABI, W/O. MUHAMMED KOYA,KUNNATHODI VEEDU, MELANGADI, CALICUT AIRPORT P. O.
, KONDOTTY AMSOM, KOLATHUR DESOM, MALAPPURAM DISTRICT, PIN - 673547 SMT RASMI THOMAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05. 02. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P(C) 3238 of 2024 2 JUDGMENT The petitioner states that there are civil disputes between the petitioner herein and the respondents 4 and 5. He filed a suit for permanent prohibitory injunction before the Munsiff Court Manjeri and the said suit was decreed. Though an appeal was preferred as AS No. 32 of 2016, the appeal was nd rejected by Ext. P1. Against the judgment and decree, 2 appeal has been preferred before this Court, and the same is pending consideration. According rd to the petitioner, the party respondents have now approached the 3 respondent and have filed a complaint based on which the petitioner is continuously summoned by the police officers.
He contends that this action would amount to pure harassment as the police have no jurisdiction to interfere in civil disputes. Being aggrieved, he is stated to have preferred st Ext. P3 representation before the 1 respondent. It is on these assertions that this writ petition is filed seeking directions. 2. The learned Government Pleader would point out that on the allegation that the petitioner has trespassed into certain portions of the property of the party respondents, a complaint was lodged before the Chief Minister, and the same was forwarded to the police. The petitioner herein was summoned to enquire into the allegations. It is further submitted that the police do not intend to summon or harass the petitioner. W. P(C) 3238 of 2024 3 3. I have considered the submissions advanced by both sides. From the records made available before this Court, it appears that the suit filed by the petitioner has been decreed.
There is no case for the respondents that a crime has been registered against the petitioner herein. Insofar as the civil disputes are concerned, the matter is pending before this Court, and the police have no reason to interfere in such disputes. In that view of the matter, this writ petition is disposed of ordering the official to refrain from summoning or harassing the petitioner in connection with any civil disputes. This petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP W. P(C) 3238 of 2024 4 APPENDIX OF WP(C) 3238/2024 PETITIONER’S EXHIBITS: Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN A. S. NO. 32/2016 OF THE SUB COURT, MANJERI DATED 28. 02. 2018 Exhibit P2 THE TRUE COPY OF THE CASE STATUS OF R. S. A. NO. 1004/2018 OF THIS HON'BLE COURT DATED NIL Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15. 01. 2024
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