Writ petition filed by petitioner alleging harassment via police summonses in a civil property dispute involving SC/ST atrocity allegations and injunction orders against respondents' construction activity.
The Writ Petition stands allowed. No order as to costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941
WP(C).No.3910 OF 2018(K)
PETITIONER:
KOVVAL PUTHIYAPURAYIL MOIDEEN KUTTY S/O.KUTTYALI, AGED 65 YEARS, KOVVAL PUTHIYAPURAYIL HOUSE, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.
SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH
RESPONDENTS:
1 DEPUTY SUPERINTENDENT OF POLICE SPECIAL MOBILE SQUAD, VIDYA NAGAR P.O.,KASARAGOD DISTRICT-671001.
2 STATE OF KERALA REP. BY SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 K.KRISHNA NAIK, S/O.KORAGA NAIK, AGED 66 YEARS, CHOTTATHADKA, PALLATHADKA P.O.,BADYADKA VILLAGE, KASARAGOD DISTRICT-671551.
4 BHASKARA NAIK S/O.K.KRIHSNA NAIK, AGED 32 YEARS, CHOTTATHADKA, PALLATHADKA P.O.,BADYADKA VILLAGE, KASARAGOD DISTRICT-671551.
SR.GP SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3910 OF 2018(K) 2
JUDGMENT
Vinod Chandran, J
The petitioner alleges that he is being constantly harassed by the official respondents by summoning to the police station. The petitioner submits that he had a civil dispute with the respondents 3 and 4. The respondents 3 and 4 despite service of notice does not appear. The learned Senior Government Pleader based on the statement filed by the first respondent, the Dy.S.P, points out that 3rd respondent filed a petition before the Prime Minister of India, which was forwarded for enquiry to the 1st respondent. The contention was that the 3rd respondent belongs to the Maratti community, a Scheduled Tribe community. The complaint was that the 3rd respondent had sold his property to one another who sold it to the petitioner herein. When the 3rd respondent started construction of a house in his remaining property the petitioner is said to have filed a suit before the Additional Munsiff Court, Kasaragod to restrain the 3rd
WP(C).No.3910 OF 2018(K) 3
respondent from continuing the construction work. An injunction order was also passed by the Munsiff Court restraining the 3rd respondent.
that the action of the respondent, in obtaining an injunction is an atrocity as per the SC/ST (Prevention of Atrocities) Act. It is also submitted that on receipt of the complaint, enquiries were made and that both parties were advised to comply with the order of the civil court. It is also undertaken by the respondent police that no further steps are being taken on the complaint. The same is recorded. There shall be no coercion on the petitioner to withdraw the suit and the parties will abide by the verdict of the civil court.
The Writ Petition stands allowed. No order as to
costs.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms xxx
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JENM DEED NO.2439/2012 OF BADIADKA SUB REGISTRAR'S OFFICE DATED 30.4.2012.
EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S.NO.328/2015 ON THE FILE OF MUNSIFF COURT, KASARAGOD. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.328/2015 ON THE FILE OF MUNSIFF COURT, KASARAGOD.
EXHIBIT P4 TRUE COPY OF THE FINAL REPORT AND PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.328/2015 ON THE FILE OF MUNSIFF COURT, KASARAGOD.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN O.P.(C) NO.255/2018 DATED 30.1.2018. RESPONDENTS EXTS NIL cms /True copy/ P.S.to Judge
Kovval Puthiyapurayil Moideen Kutty
Deputy Superintendent of Police Special Mobile Squad
State of Kerala Rep. by Secretary, Department of Home
K.Krishna Naik
Bhaskara Naik
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
