Kerala High Court
WP(C)/41955/2017 of SHAMEER Vs SUB INSPCTOR OF POLICE,KUNNATHUNADU POLICE STATION on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 41955 of 2017 (T) ---------------------------- PETITIONER(S) : ------------- 1. SHAMEER M.U, S/O. UMMAR,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939WP(C).No. 41955 of 2017 (T) ---------------------------- PETITIONER(S) :-------------
1. SHAMEER M.U, S/O. UMMAR, MANAKKATTUMARIYIL HOUSE, PATTIMATTOM P.O., KOLANCHERY, ERNAKULAM - 683 562. 2. SABIRA, W/O. SHAMMER M.U., MANAKKATTUMARIYIL HOUSE, PATTIMATTOM P.O., KOLANCHERY, ERNAKULAM - 683 562. BY ADV. SMT.K.P.GEETHA MANIRESPONDENTS:------------- 1. THE STATION HOUSE OFFICER, KUNNATHUNADU POLICE STATION, PATTIMATTOM P.O., ERNAKULAM - 683 562. 2. PAREETH K.M., S/O. MAKKAR, KUZHUPPILLY HOUSE, CHOORAKADU, PATTIMATOM P.O., ERNAKULAM - 683 562. 3. ALIYAR K.A., S/O. ABUBACKER, KUZHUPPILLY HOUSE,PATTIMATOM P.O., ERNAKULAM - 683 562. 4. BASHEER K.K., S/O. KOCHAHAMMED, KOLLAMKUDI HOUSE, PATTIMATOM P.O., ERNAKULAM - 683 562. 5. SAHEER K.K., S/O. KUNJAMUHAMMED, KUMMNATTU PUTHENPURA HOUSE, PATTIMATOM P.O., ERNAKULAM - 683 562.
BY GOVERNMENT PLEADER SRI.P.G.PRAMOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.41955/17
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:A TRUE COPY OF THE COMPLAINT DATED 15/12/2017SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRSTRESPONDENT.
EXT.P2:TRUE COPY OF THE RECEIPT DATED 16.12.2017 GIVENBY THE FIRST RESPONDENT.
EXT.P3:TRUE COPY OF THE RECEIPT DATED 16.12.2017 GIVENFROM THE OFFICE OF THE INSPECTOR OF VANITHA CELL.
EXT.P4:TRUE COPY OF THE RECEIPT DATED 18.12.2017 GIVENFROM THE OFFICE OF THE INSPECTOR GENERAL OF POLICE, KOCHIRANGE.
//True Copy//
Rp
PS to Judge
A.M. SHAFFIQUE & ASHOK MENON, JJ.
===========================W.P(C) No. 41955 of 2017
==================
Dated this, the 29[th] day of December, 2017
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J U D G M E N T
Shaffique, J.
This writ petition has been filed alleging that privaterespondents are creating law and order situation by which thepetitioners are unable to live in their residence and their house hasbeen trespassed by the private respondents. According to thepetitioners, private respondents are raising allegation that they areunder obligation to pay the amount involved in a kuri transaction inwhich second petitioner's father was involved. According to them,they have no obligation to pay any such amount and an agreementcame to be executed only under threat and at the police station.
2. Learned Government Pleader on instructions wouldsubmit that the petitioners are not residing in the present place.There are several allegations against them and a crime has beenregistered against the first petitioner u/s 406, 420 and 34 of IndianPenal Code.
3. Learned counsel appearing for respondents 3 to 5
-:2:-
submitted that petitioners have conducted a kuri business andhad defrauded the people in the locality for about `2.5 crores.
4. Having regard to the aforesaid fact situation, we do notthink that any direction as sought for can be granted. However, ifthere is any imminent threat to the life of the petitioners, on thecomplaint of the petitioners, police shall look into the matter anddo the needful.
Writ petition is closed with the above observation.
Rp
Sd/-
A.M. SHAFFIQUE, JUDGESd/-ASHOK MENON, JUDGE