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2025 DAILYLAW 3483 (KER)

JAIN M.S. v. THE CITY POLICE COMMISSIONER

WP(C)/5451/2025 · 2025-04-03

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29116 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 5451 OF 2025 PETITIONER: JAIN M.S. AGED 54 YEARS S/O DEVASSY, MENACHERY HOUSE, THOTTAKKATTAKRA P.O., ALUVA, ERNAKULAM, PIN - 683108 BY ADVS. NITIN SUSEELAN ARYAMOL A.T. RESPONDENTS: 1 THE CITY POLICE COMMISSIONER POLICE COMMISSIONERATE, KOCHI CITY, ERNAKULAM- 682011 2 THE STATION HOUSE OFFICER INFOPARK POLICE STATION, ATHULYA MAIN BUILDING, ATHULYA RD, INFOPARK CAMPUS, KAKKANAD, ERNAKULAM, PIN - 682030 3 SAJEEV A JOY AGED 61 YEARS S/O A V JOY, AZHEEKAL VEEDHU, AIKARNAD SOUTH VILLAGE, KOLENCHERY P.O., KUNNATHUNAD TALUK, ERNAKULAM- 682310 GP SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.5451 of 2025 2 2025:KER:29116 JUDGMENT Dated this the 3rd day of April, 2025 The writ petition is filed to direct the 2nd respondent not to interfere in the civil disputes between the petitioner and the 3rd respondent. 2. The petitioner had taken a building on lease from the 3rd respondent. The 3rd respondent is attempting to forcefully evict the petitioner from the premises. There are suits pending between the parties before the jurisdictional Courts. In the meantime, the 2nd respondent is insisting that the petitioner to appear before him to settle the dispute with the 3rd respondent. The action of the 2nd respondent is illegal and high-handed. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, the 2nd respondent summoned the petitioner only to enquire on the complaint that was filed by the WP(C) No.5451 of 2025 3 2025:KER:29116 3rd respondent. However, the 2nd respondent has found that the disputes between the parties is civil in nature. Therefore, the petitioner's further presence is not required. Recording the above submission, the writ petition is closed. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.5451 of 2025 4 2025:KER:29116 APPENDIX OF WP(C) 5451/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE O.S. 1169/2024 Exhibit P2 THE TRUE COPY OF THE AGREEMENT DATED 11-10-2022 Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 24-08-2024 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION OF HARASSMENT MADE TO 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE FORWARDING NOTE