Petitioner sought writ directing Police to assist in retrieving a bike obstructed by brother. Court held writ not appropriate forum due to nature of reliefs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH &
THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932
WP(C).No. 17409 of 2010(A)
PETITIONER:
NOORUDHEEN, AGED 50 YEARS, S/O.ALIKUTTY, VAYSYAM VEETIL HOUSE MANALY DESOM, CHIRANALLOOR VILLAGE,THRISSUR DT.
BY ADV. SRI.C.PRABIN BENNY
RESPONDENTS:
MANALY DESOM, CHERANALLOOR VILLAGE,THRISSUR DT.
GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17409 of 2010
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENTS' EXHIBITS : NIL
// TRUE COPY//
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
W.P.(C).No. 17409 of 2010 A
JUDGMENT
Joseph, J.
The petitioner has approached this court seeking the following prayers:
“i) issue a writ in the form of a direction directing the 1st respondent to assist the petitioner to take the bike of the petitioner.
ii) issue a writ in the form of direction directing the first respondent to take up Ext.P3 petition and consider the same as expeditiously as possible.”
petitioner is employed in Dubai. In the year 1998 he brought a
W.P.(C).No. 17409 of 2010
bike from Dubai after customs clearance and registered the same in Kerala with registration No.KL 8M 2803. Ext.P1 is the registration certificate of the bike.
his bike and house hold articles in the residential house. After partition, the said house was assigned to his brother, Salim. Later Salim demolished the said house to construct a new house. While demolishing the house, house hold articles of the petitioner and the bike were shifted to a shed near that house. Salim informed the petitioner about the shifting of the bike.
W.P.(C).No. 17409 of 2010
obstructed the petitioner from entering the property. The petitioner filed a petition before the first respondent. Since the leave of the petitioner expired, he left for Dubai. Now he has come back. The second respondent is still threatening the petitioner. He has to renew the registration of the bike and has to go back to Dubai. Therefore he
filed petition before the first respondent. But he has not taken any action.
W.P.(C).No. 17409 of 2010
4
prejudice to the rights of the petitioner, which may have in law, to approach before appropriate forum, this Writ Petition is dismissed.
Judge
(M.L. JOSEPH FRANCIS) Judge
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3 issues framed by the court
Whether this Court should entertain a writ petition seeking direction to police to assist in retrieving a bike obstructed by family members.
Whether the Court should direct the Police Station to consider a pending petition expeditiously.
Whether the petition should be dismissed given the nature of reliefs sought and existing civil suit.
NOORUDHEEN
THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM
ABDUL MAJEED
K.M. JOSEPH
M.L. JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
