Dismissed

Ramesh S v. Sundar R. @ Rathnavel Sundar

Kerala HC13 Jul 2023WP(C)/11598/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking a direction to restrain police harassment based on a false complaint. The Court held that the matter involves a civil dispute over property and must be redressed by the civil court, not via writ jurisdiction under Article 226.

What did the court decide?

Writ petition closed without any relief granting; Court held matter must be redressed by civil court.

Ramesh S Vs Sundar R. @ Rathnavel Sundar — Civil Procedure and Limitation | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945
WP(C) NO. 11598 OF 2023

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PETITIONER:

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RAMESH S, AGED 59 YEARS, S/O SUNDARAM, FROM TC.20/
1343, KMRA-1, MANGAD LANE, KARAMANA P.O., THYCAUD
VILLAGE, THIRUVANANTHAPURAM - 695002 NOW RESIDING
AT TC 14/1518 (1),PARIS LANE, BAKERY JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033

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BY ADVS.
R.S.KALKURA
M.S.KALESH
HARISH GOPINATH
SILPA S.

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RESPONDENTS:

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1 SUNDAR R. @ RATHNAVEL SUNDAR S/O RATHNAVEL, TC.50/1239, SEETHA BUILDINGS, THALIYAL, KARAMANA P.O., MANACAUD, THIRUVANANTHAPURAM, PIN - 695002

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2 A. BABU CHETTIAR RESIDING NEAR SARASWATHI VIDYALAYAM, VATTIYOORKAVU THIRUVANANTHAPURAM, PIN - 695013

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3 DIRECTOR GENERAL OF POLICE DGP OFFICE, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695010, PIN - 695010

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4 COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014

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5 CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM, KERALA, PIN - 695033

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6 STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM, PIN - 695033

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

W.P(C).11598/2023

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.11598 of 2023

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Dated this the 13^th day of July, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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i) To issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus restraining 4^th respondent and the subordinate officer under him from harassing the petitioner and direct respondents 3 and 4 against harassment of the petitioner based on false and frivolous complaints lodged by the 1^st respondent or anyone claiming through or under him or interfere in any manner with the subject matter of the civil dispute viz 14.5 cents of property and building standing thereon;

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ii) To grant such other reliefs which are appropriate and incidental to this proceeding and which this Hon’ble Court deems fit and proper.

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iii) To dispense of production of English translation of Malayalam exhibits produced along with the writ petition.

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The main prayer in this writ petition is to issue a direction restraining 4^th respondent and the subordinate officer

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W.P(C).11598/2023 3

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under him from harassing the petitioner based on a complaint lodged by the 1^st respondent claiming right in 14.5 cents of property and building standing thereon. A perusal of the relief itself shows that there is a civil dispute. That itself shows that this Court cannot pass any order under Article 226 of the Constitution of India.

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The learned Government Pleader after getting instructions submitted that the petitioner started to reside in a building owned by the 1^st respondent and now the petitioner seeks protection from police harassment.

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I am of the considered opinion that these are matters to be redressed by the parties before the civil court. This Court cannot pass any orders invoking the powers under Article 226 of the Constitution. But I make it clear that, if there is any threat to the life of the petitioner, the police will do the needful to see that there is no threat to the life. But, if any criminal offence is made out against the petitioner, the police is free to proceed in accordance with law.

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With this observation, this writ petition is closed.

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Sd/-

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P. V. KUNHIKRISHNAN JUDGE

Sbna/

W.P(C).11598/2023

APPENDIX OF WP(C) 11598/2023

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`PETITION`	`ER EXHI`	`BITS`
`Exhibit1`	`P1`	`TRUE COPY OF THE AGREEMENT OF SALE DATED` `02.09.2022 ENTERED INTO BETWEEN THE` `PETITIONER AND THE 1ST RESPONDENT`
`Exhibit`	`P2`	`TRUE COPY OF THE STATEMENT OF ACCOUNT IN` `RESPECT OF THE CURRENT ACCOUNT OF THE` `PETITIONER MAINTAINED BY THE PETITIONER` `WITH M/S. AXIS BANK, KARAMANA`
`Exhibit`	`P3`	`TRUE COPY OF THE COVER CONTAINING THE` `NOTICE DATED 05.01.2023 ISSUED BY THE` `COUNSEL FOR THE PETITIONER TO THE 1ST` `RESPONDENT AND RETURNED UNSERVED`
`Exhibit`	`P4`	`TRUE COPY OF THE PLAINT IN O.S 123 OF` `2023 ON THE FILE OF THE ADDITIONAL` `MUNSIFF III, THIRUVANANTHAPURAM`
`Exhibit`	`P5`	`TRUE COPY OF THE ORDER DATED 19.01.2023` `OF INJUNCTION PASSED BY THE ADDITIONAL` `MUNSIFF COURT III, THIRUVANANTHAPURAM IN` `IA 1 OF 2023 IN O.S. 123 OF 2023`
`Exhibit`	`P6`	`TRUE COPY OF THE COMMISSION REPORT DATED` `03.01.2023 IN O.S. 123 OF 2023`
`Exhibit`	`P7`	`TRUE COPY OF THE DEPOSITION DATED` `05.02.2023 RENDERED BY THE PETITIONER` `BEFORE THE 6TH RESPONDENT`
`Exhibit`	`P8`	`TRUE COPY OF THE REPRESENTATION DATED` `27.03.2023 SUBMITTED BY THE PETITIONER` `BEFORE THE 3RD RESPONDENT`
`Exhibit`	`P9`	`TRUE COPY OF THE RECEIPT DATED` `27.03.2023 ISSUED BY THE POLICE` `AUTHORITIES`
`Exhibit`	`P10`	`TRUE COPY OF THE REPRESENTATION DATED` `27.03.2023 SUBMITTED BY THE PETITIONER` `BEFORE THE 4TH RESPONDENT`
`Exhibit`	`P11`	`TRUE COPY OF THE RECEIPT DATED` `27.03.2023 ISSUED BY THE POLICE` `AUTHORITIES`

Ramesh S v. Sundar R. @ Rathnavel Sundar

Case brief

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Ramesh S v. Sundar R. @ Rathnavel Sundar

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