Dismissed

M.Surendran Nair v. District Police Chief

Kerala HC13 Aug 2019WP(C)/9976/2018

Case brief

AI extract

What is this about?

Petitioner alleged police harassed him to withdraw a civil suit regarding a pathway dispute. Court dismissed the writ petition, stating police cannot coerce suit withdrawal as that is a civil court decision, but noted police action to remove local authority-issued encroachment notices is not harassment.

What did the court decide?

Writ petition closed; parties advised to comply with civil court directions.

M.Surendran Nair Vs District Police Chief — Kerala HC (2019) — LawSathi Research

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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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TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941

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WP(C).No.9976 OF 2018(V)

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PETITIONER:

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M.SURENDRAN NAIR

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AGED 65 YEARS, S/O.M.V.MADHAVAN PILLAI, MALIYIL HOUSE, KARACKEL P.O., THIRUVALLA, PATHANAMTHITTA.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENTS:

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1 DISTRICT POLICE CHIEF PATHANAMTHITTA DISTRICT - 689 645.

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2 THE DEPUTY SUPERINTENDEND OF POLICE THIRUVALLA PATHANAMTHITTA DISTRICT-689 645.

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3 THE STATION HOUSE OFFICER THIRUVALLA POLICE STATION,PATHANAMTHITTA DISTRICT - 689 645.

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4 RAMACHANDRAN NAIR SO.M.P.NARAYANA PILLAI MEZHUVENCHERIL THEKKETHIL KARACKAL P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 645.

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5 SUJA

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W/O.RAMACHANDRAN NAIR, MEZHUVENCHERIL THEKKETHIL, KARACKAL P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 645.

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6 JOSE M KURIEN AGED 50 YEARS

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MADATHIL KATTIL, KARACKAL P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 642.

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GOVT.PLEADER SRI.P.THAJUDEEN BY ADVS.SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) No.9976/18

JUDGMENT

K. Vinod Chandran, J.

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The petitioner is before this Court alleging that there is a civil suit filed by the petitioner as O.S.No.211 of 2017 and as against the respondents 4 to 6. The suit projects a dispute with respect to a pathway. The police are constantly harassing him, at the instigation of the party respondents, to withdraw the suit, is the submission.

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2. The respondents have filed a counter affidavit in which a decree is produced as Ext.R4(a), in which the petitioner is the 3^rd respondent. This in fact settles the matter, is the contention of the party respondents. It is also submitted that considering the fact that the petitioner has encroached into the pathway, the local authority has issued Ext.R4(c). It is on the complaint of the general public that the local authority issued Ext.R4(c), for which purpose the police has also been involved, is the submission.

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3. We are of the opinion that the police cannot coerce the petitioner into withdrawing the suit filed

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W.P(C) No.9976/18

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by him, even if it is allegedly covered by the earlier decree, because it is for the civil court to decide on that issue. But, however, when the local authority has issued a notice for encroachment and if the local authority seeks police aid for the purpose of removing that encroachment, we cannot say that it is police harassment.

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4. In such circumstance, we do not find any reason to make any positive orders in the Writ Petition. The Writ Petition would stand closed. We would advice the parties to comply with the civil court's directions.

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Sd/K.Vinod Chandran Judge

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V.G.Arun Judge

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okb

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//True copy// P.S. to Judge

W.P(C) No.9976/18

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S 211/2017 BEFORE THE MUNSIFF'S COURT, THIRUVALLA. EXHIBIT P2 TRUE COPY OF THE PETITION DATED 15-03-2018.

M.Surendran Nair v. District Police Chief

Case brief

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M.Surendran Nair v. District Police Chief

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