Disposed

Riyas Khan v. State of Kerala

Kerala HC7 Aug 2019WP(C)/10287/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed petitioner's writ petition seeking relief from repeated police summonses. The court held that repeated summoning is unsustainable and noted that civil remedies are appropriate for objections to the mortgage transaction. KSFE was impleaded.

What did the court decide?

Disposal of the writ petition with a direction against repeated summoning and leave to take civil remedies for mortgage objections.

Riyas Khan Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 07TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941

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WP(C).No.10287 OF 2019(I)

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PETITIONER/S:

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RIYAS KHAN AGED 33 YEARS S/O.M.A.JALALUDHEEN,RESIDING AT THERIVAKKU HOUSE,PALLIVETTA, ARYANAD.P.O,ARYANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695542.

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BY ADV. SRI.R.B.RAJESH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME,DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.

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2 THE KERALA POLICE CHIEF, POLICE HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM,PIN-695010.

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3 THE SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM,PIN-695003.

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4 MR.ABDUL AZEEZ, ADDITIONAL SUB INSPECTOR(STATION CHARGE),ARYANAD POLICE STATION, ARYANAD.P.O,THIRUVANANTHAPURAM DISTRICT695542.

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W.P.(C) No. 10287 of 2019

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5 NOORJAHAN, AGED 43 YEARS W/O ABDUL MANAF,RESIDING AT MUHAMMED MANZIL,PALLIVETTA, ARYANAD.P.O,ARYANAD VILLAGE,NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695542.

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6 ADDL.R6. THE KERALA STATE FINANCIAL ENTERPRISE, VELLANAD BRANCH IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED 21/6/19 WP(C)NO.10287/19.

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BY ADVS. GOVERNMENT PLEADER SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

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OTHER PRESENT:

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SR.GP SRI.P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 10287 of 2019

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JUDGMENT

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K.VINOD CHANDRAN, J.

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The petitioner is before this Court alleging that Police is summoning him repeatedly to the Police Station for reason of a complaint filed by the 5^th respondent. It is admitted by the petitioner that the petitioner had taken the price money in a chitty from the KSFE after mortgaging the 5^th respondent's property. The 5^th respondent had willingly and voluntarily deposited the title deeds and executed the mortgage; is the submission. Now the 5^th respondent filed a complaint against the petitioner for cheating and the 4^th respondent is said to have instigated the Police to register a crime against the petitioner, for which he is being regularly summoned to the Police Station.

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We notice that the transaction is purely a financial transaction. The petitioner had also submitted that regular payments were made to the chitty with the KSFE. The petitioner also submits that there was only two months' default, which will

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W.P.(C) No. 10287 of 2019

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be cleared immediately. Hence, we impleaded the KSFE. The

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learned Standing Counsel was directed to take notice for KSFE.

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The KSFE has submitted that no recovery steps have been initiated, as of now.

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The 5^th respondent despite service of notice does not

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appear.

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There can be no repeated summoning of the petitioner on the complaint of the 5^th respondent. If there is some objection to the mortgage the respondent could take appropriate civil remedies.

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In such circumstances, the writ petition would stand disposed of with the above direction. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

sd/-

V.G.ARUN JUDGE

Scl/07.08

W.P.(C) No. 10287 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.03.2019.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT TRUE COPY OF THE VOTERS ID CARD OF THE 5TH R4(A) RESPONDENT AS THE PROOF OF AGE.

Riyas Khan v. State of Kerala

Case brief

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Riyas Khan v. State of Kerala

Case brief

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