The High Court held that a Writ Petition seeking to direct the District Collector to investigate observations made in a Court judgment regarding private individuals was an abuse of process and closed the petition without exercising jurisdiction.
The Writ Petition was closed and dismissed as it was an abuse of process.
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 DEVAN RAMACHANDRAN WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 WP(C) NO. 8602 OF 2023
PETITIONER:
ASIF AZAD, AGED 30 YEARS
DARUSSALAM PARAYATHUKONAM PO
KIZHUVILAM, PIN – 695104
BY ASIF AZAD(Party-In-Person)
RESPONDENTS:
1 HAJA MAHEEN, RESIDING AT KNRA-75 H, TC 49/218 (8), KALLATTUNAGAR, KALLATTUMUKKU, THIRUVANANTHAPURAM, KERALA, PIN – 6950042 MUHSIN SADATH, RESIDING AT TC 48/504, MANACAUD PO, KALLATTUMUKKU, THIRUVANANTHAPURAM, KERALA, PIN – 6950043 JABIR KOYA SADATH, RESIDING AT TC 48/504, MANACAUD PO, KALLATTUMUKKU, THIRUVANANTHAPURAM, KERALA, PIN – 6950044 DISTRICT COLLECTOR, DISTRICT COLLECTORATE CIVIL STATION KUDAPPANAKUNNU, THIRUVANANTHAPURAM, KERALA, PIN – 695043BY ADVS
G.P.SHINOD
SRI. SUNIL K.KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Intriguingly, the petitioner has filed this Writ Petition seeking an enquiry by the 4th respondent – District Collector, against respondents 1 to 3 with respect to certain observations made by this Court in Ext.P 1 judgment, which he had obtained earlier.
The 7 th respondent has also filed a counter affidavit stating that the petitioner has been swindling crores of rupees by offering shares and employment in ‘FRESHER COSMOS Pvt. Ltd.’, a company floated by the petitioner. It is submitted that large amounts of money have been swindled by the petitioner from the 7 th respondent on false assurances and that when the amounts were demanded, the petitioner initially issued two cheques which have bounced. It is stated that the company itself is a fictitious one and that it is only to stall the investigations against the petitioner that the allegations are raised.
directed to investigate into the above and give him necessary information.
4 . In response to the afore submissions made by Sri.Asif Azad
– petitioner appearing in person, Sri.Sunil Kumar Kuriakose – learned
Government Pleader, submitted that this Writ Petition is an abuse of
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process and ought to be dismissed with exemplary costs. He argued that the 4 th respondent is incompetent to cause any investigation or
enquiry as sought by the petitioner and hence, that this Writ Petition can only be dismissed.
5 . I must say that there is force in the afore submissions of
the learned Government Pleader because, one fails to understand how the petitioner can seek an enquiry against private individuals, namely respondents 1 to 3, through the 4 th respondent – District Collector. One can never fathom how the petitioner asserts that the 4 th respondent has any power to cause such an enquiry, particularly when what is sought by the petitioner is with respect to paragraph 4 of Ext.P1 judgment, wherein, this Court has only recorded the counter affidavit of the 7 th respondent therein – who is the 3 rd respondent herein. The petitioner asserts that the averments in the said counter affidavit are incorrect and hence, that he needs an enquiry in relation to the same, but inscrutably he requires this to be done by the District Collector .
6 . It is apodictic that the petitioner has misdirected himself in filing this Writ Petition.
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This Writ Petition is, therefore, closed.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
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APPENDIX OF WP(C) 8602/2023
PETITIONER EXHIBITS
Exhibit P 1TRUE COPY OF JUDGMENT IN WP(C) 28095/2021
DATED 15.02.2023
Exhibit P 2PHOTOCOPY OF THE SAMPLE DOCUMENT CREATED
BY PETITIONER FOR THE RESPONDENTS TO FILL
THE DETAILS AS PER THE PRAYER
1 issue framed by the court
Whether a Writ Petition seeking an enquiry into private observations recorded in a past judgment by the District Collector can be permitted.
Asif Azad
Haja Maheen
Muhsin Sadath
Jabir Koya Sadath
District Collector
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court