IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23015 of 2011(B) -------------------------------- PETITIONER(S): ------------------ RAJAN, AGED 60 YEARS,S/O.KESAVAN, RAJAMALLY, N.T.V. NAGAR, KADAPPAKKADA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE YEROOR POLICE STATION, YEROOR, ANCHAL,KOLLAM-691008 2. THE CIRCLE INSPECTOR OF POLICE ANCHAL CIRCLE, INSPECTOR OFFICE, ANCHAL, KOLLAM-691008 3. JAYASREE, W/O. SATHYARAJAN, KAILAS PANAYAM, YEROOR, ANCHAL, KOLLAM-691008 4. SATHYARAJAN, KAILAS, PANAYAM, YEROOR, ANCHAL, KOLLAM.-691008 5. THULASEEDHARAN, SREE BHAVAN, PANAYAM, YEROOR, ANCHAL, KOLLAM.-691008 6. BABURAJAN, VARSHA BHAVAN, PANAYAM, YEROOR, ANCHAL, KOLLAM.-691008 ADV. SRI.MANOJ RAMASWAMY FOR R3 TO 6 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23015 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE ORDER DT.17/02/11 IN WPC.5022/11 OF THIS HON. COURT. EXT.P2:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DT.10/05/11 BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23015 of 2011 ------------------------------------------------ Dated this the 29th day of August, 2011 JUDGMENT Pius C. Kuriakose, J On the basis of instructions received from the 1st respondent as directed by this Court on 24/08/11, Sri.C.M.Charisma, the learned Government Pleader submitted that the police are yet to receive Ext.P2 complaint from the petitioner. Entering appearance on behalf of R3 to R6 Advocate Sri.Manoj Ramaswamy submitted that against Ext.P1 order of this Court, an application for review is filed. The same was admitted and notice by speed post is ordered. He submitted further that O.S.166/11 is pending between the parties before Munsiff Court, Punalur. Even the pendency of that suit is suppressed according to the learned counsel. The petitioner, therefore, is not entitled for any discretionary W. P. C. No.23015 of 2011 -2- relief at the hands of this Court. The counsel for the respondent is certainly justified in submitting that a party who suppressed material facts from this Court is not entitled for discretionary relief. We are not inclined to decline relief accepting the above submission of the learned counsel for the respondent straightaway. But in view of the submission of the learned Government Pleader that Ext.P2 complaint is yet to be received, we decline the reliefs and dismiss the Writ Petition. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-