Tenant petitioner challenged police harassment allegedly instigated by landlord. Bench accepted prosecution submissions that no police action was taken based on landlord complaint and dismissed petition.
Directions issued to abate harassment under Article 226 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933
WP(C).No. 9125 of 2011(M) -------------------------------------
PETITIONER(S):
------------------------
JOSEPH GEORGE ALIAS JOBIN VARGHESE, AGED 34 YEARS, S/O.VARGHESE ALIAS GEORGE, PAZHILANGAL/PALLIPURATH HOUSE, MELARKODE, ALATHUR, NOW RESIDING AT ALLAPPARA KARA, VALLICHIRA.P.O., PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.T.V.GEORGE
RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA, REPRESENTED BY HOME SECRETARY, TRIVANDRUM-695 001.
2. THE SUPERINTENDENT OF POLICE, PALAKKAD-678 001.
3. THE SUPERINTENDENT OF POLICE, IDUKKI-685 602.
4. GEORGE JOSEPH,CIRCLE INSPECTOR OF POLICE, CRIME BRANCH OFFICE, PALAKKAD. 678 001.
5. MUJEEB RAHMAN, SUB INSPECTOR OF POLICE, CRIME BRANCH,PALAKKAD. 678 001.
ADDL.6TH RESPONDENT IMPLEADED.
6. SRI.JOSELPH @ KAKKATTU KUTTICHAN, KAKKATTU HOUSE, PARAKKADAVU, KATTAPPANA P.O., IDUKKI DISTRICT.
ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 29.3.2011 IN IA. NO.5826/2011.
R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS ADDL. R6 B ADV. SRI.LIJI.J.VADAKEDOM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.9125/2011
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE LICENCE DTD. 12.11.2010 ISSUED BY MUNICIPAL OFFICE, PALA. P2:- COPY OF THE NEWS APPEARED IN MALAYALA MANORAMA DTD. 19.1.2011. P3:- COPY OF THE NEWS APPEARED IN MANGALAM DAILIES DTD. 19.1.2011.
P4:- COPY OF THE RELEASE MEMO DTD. 11.3.2011.
P5:- COPY OF THE ORDER DT. 9.3.2011 IN CRL.OP. (MD) 2776/2011 PASSED BY THE HIGH COURT OF MADRAS, MADURAI BENCH.
RESPONDENT'S EXHIBITS
NIL:-
TRUE COPY
P.A. TO JUDGE
tss
R.BASANT & K.SURENDRA MOHAN, JJ.
WPC No.9125 of 2011 ------------------------------------------Dated this the 25th May, 2011
JUDGMENT
Basant, J.
The petitioner is a tenant. His landlord - the additional sixth respondent wants him to be evicted from the tenanted premises. For this, he is prevailing upon the police to harass the petitioner. Police have registered crimes and are unnecessarily vexing and harassing the petitioner. It is in these circumstances that the petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to abate such harassment/vexation.
WPC No.9125/2011 2
against by the police. The petitioner is unnecessarily alleging that the landlord is responsible for such proceedings initiated against him by the police. The landlord has nothing to do with such action of the police, submits the learned counsel.
WPC No.9125/2011 3
Government Pleader. We accept the same. We find absolutely no reason to assume that the petitioner has been harassed by the police at the instance of the landlord
dismissed.
sd/- R.BASANT
JUDGE
sd/- K.SURENDRA MOHAN JUDGE
css/
true copy
P.S.TO JUDGE
WPC No.9125/2011 4
R.BASANT & K.SURENDRA MOHAN, JJ.
WPC No.9125 of 2011 ------------------------------------------Dated this the 25th March, 2011
ORDER
Basant, J.
WPC No.9125/2011 5
The learned Government Pleader prays for time to take instructions. The learned counsel for the petitioner after discussions submits that the petitioner shall take steps to array the landlord as a respondent in this writ petition. Take all necessary steps in two days. Call on 29.3.2011.
R.BASANT JUDGE
K.SURENDRA MOHAN JUDGE
css/
2 issues framed by the court
Whether petitioners allegation of police harassment at the instance of the landlord warrants issuance of directions.
Whether the petitioners involvement in criminal cases establishes harassment by the landlord.
1 provisions across 1 enactments
JOSEPH GEORGE ALIAS JOBIN VARGHESE
THE STATE OF KERALA
THE SUPERINTENDENT OF POLICE, PALAKKAD
THE SUPERINTENDENT OF POLICE, IDUKKI
GEORGE JOSEPH
MUJEEB RAHMAN
R.BASANT
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
