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Saidalavi vs State Of Kerala

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice need be issued to respondents 5 and 6 in view of the order which is being passed. 2. By this writ petition, the petitioner has prayed for a direction to respondents 2 to 4 not to interfere in the civil dispute between the petitioner and respondents 5 and 6 and not to compel the petitioner to permit the respondents 5 and 6 to widen the way which is the subject matter in civil dispute. This petition has been filed alleging police harassment.
3. Petitioner's case is that a civil suit is pending at the instance of respondents 5 and 6 and one suit by some other persons regarding the way.
4. Learned Government Pleader after obtaining instructions submits that on a complaint received by the members of public numbering 56, police went and only cleared the way which is allegedly blocked by the petitioner.
WP(C) No. 31460/14 2
5. Learned counsel for the petitioner submits that the way is only three feet and not five feet as alleged by them. The width of the way is the subject matter of the suit before the competent court.
In view of the facts of the present case and in view of the submission that police has only cleared the rubbles put by the petitioner, we see no reason to continue the writ petition. It is open for the petitioner to avail the remedy as advised.
Writ petition is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
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Title

Saidalavi vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Jamsheed Hafiz