Riju K.S. vs. The District Police Chief

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WP(C)/20455/2018HC KeralaGSTCNR KLHC01052042201818 July 2019Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR.JUSTICE V.G.ARUN5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN THUR AY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941 WP(C).No.20455 of 2018 PETITIONER/S: RIJU K.S., S/O.SAMUEL K.J., AGED 32 YEARS, PROPRIETOR, "JOHN SAMUELS HARDWARE CENTER" KAIPATTOOR, RESIDING AT KAVINAL THEKKETHIL VEETTIL, KAIPATTOOR, VALLICKODE VILLAGE, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH RESPONDENT/S: 1 THE DISTRICT POLICE CHIEF, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA-689 645. 2 THE STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA-689 645. 3 BHARAT BURG, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, JOINT DIRECTOR, PULKIT METALS PVT. LTD., RS NO.95/2, 3 & 4, ERIPAKKAM VILLAGE, NETTAPAKKAM COMMUNE, PUDHUCHERRY- 605 106. (EMAIL ID-KERALA@PULKITTMT.IN). 4 MADHUSOODANAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EMPLOYEE AT PULKIT METALS PVT. LTD., RS NO.95/2, 3 & 4, ERIPAKKAM VILLAGE, NETTAPAKKAM COMMUNE, PUDHUCHERRY- 605 106. (EMAIL ID-KERALA@PULKITTMT.IN).

WP(C).20455 of 2018 5 ANILKUMAR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EMPLOYEE AT PULKIT METALS PVT. LTD., RS NO.95/2, 3 & 4,ERIPAKKAM VILLAGE, NETTAPAKKAM COMMUNE, PUDHUCHERRY- 605 106. (EMAIL ID-KERALA@PULKITTMT.IN). BY ADVS. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.P.P.THAJUDEEN. R3 TO R5 BY SRI.MOHANDAS K.CHACKO SRI.K.S.SAJEEV KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).20455 of 2018 JUDGMENT Dated, this the 18th day of July, 2019 Vinod Chandran, J. The petitioner is the proprietor of a hardware shop, who is aggrieved with the threats of physical assault levelled by respondents 3 to 5. The petitioner also submits that the threats were levelled for reason of some amounts due from the petitioner to respondent No.3. 2. The respondents 3 to 5 appear through Counsel. The learned Counsel submits that the allegations in the writ petition are absolutely false. There are certain amounts due from the petitioner to the 3rd respondent and at the instruction of the 3rd respondent, respondents 4 and 5 approached the petitioner and demanded the money. But for that, absolutely no illegal activities have been perpetrated by respondents 4 and 5. Respondent No.3 undertakes that he would pursue only legal remedies against the petitioner. That undertaking is recorded.

3.

The learned Senior Government Pleader submits that on a complaint received, the police had registered Crime No.1415/2018 under Sections 451, 506(i) read with Section 34 of Indian Penal Code at the Pathanamthitta Police Station and the investigation is going on.

WP(C).20455 of 2018

4.

In the above circumstance, we are of the opinion that recording of the undertaking of the 3rd respondent would suffice. We do so and the writ petition is disposed of. Parties are left to suffer their respective costs. K.VINOD CHANDRAN JUDGE V.G.ARUN JUDGE Vku/-

WP(C).20455 of 2018 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE GST REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER'S CONCERN. EXHIBIT P2 THEOF THE REPRESENTATION DATED 16.06.2018 TO THE 1ST RESPONDENT ALONG WITH RECEIPT. []

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.