IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 W.P.(C).No.3143 of 2008 (Y) -------------------------------------------------------- PETITIONER:- -------------------- ST.MARY'S HOTELS PVT. LTD., KODIMATHA, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR T.O.ABRAHAM. BY ADV. SRI.K.P.DANDAPANI (SENIOR ADVOCATE) SRI.MILLU DANDAPANI. RESPONDENTS:- ------------------------ 1. SRI.NISHAD MON, THE SUB INSPECTOR OF POLICE, POLICE STATION, CHINGAVANAM, KOTTAYAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. ADDITIONAL RESPONDENTS 3 TO 5 IMPLEADED: ---------------------------------------------------------------------- ADDL.R3. T.O.ALIAS, S/O.KURUVILA UNNITHAN, AGED 50 YEARS, THOTHATHIL HOUSE, MUTHOOR P.O., THIRUVALLA. ADDL.R4. GIGY KURIAKOSE, S/O.T.O.KURIAKOSE, AGED 40 YEARS, THURUTHIKAD P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT. W.P.(C).NO.3143 OF 2008-Y - 2 - ADDL.R5. ABRAHAM BABY, AGED 37 YEARS, S/O.T.O.BABY, MARY SADANAM, THURUTHIKKAD P.O, MALAPPALLY, PATHANAMTHITTA DISTRICT. (ADDITIONAL RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER ON I.A.NO.1816 OF 2008 DATED 6.3.2008). R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R3 BY ADV.SRI.A.M.SHAFFIQUE (SENIOR ADVOCATE) SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR R4 BY ADV. SRI.P.HARIDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.3143 OF 2008 APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE COPY OF ORDER DATED 15.1.07 OF HONOURABLE SUPREME COURT IN I.A.2 AND I.A.NO.3 IN I.A.NO.2 IN CIVIL APPEAL NO.3446/2006. EXT.P2 - TRUE COPY OF ORDER DATED 23.07.2007 OF HONOURABLE SUPREME COURT IN CIVIL APPEAL NO.3446/2006. EXT.P3 - TRUE COPY OF IDENTITY CARD OF SRI.P.S.SUNEESH ISSUED BY ETTUMANOOR AREA AUTO RICKSHAW DIVERS UNION (CITU). EXT.P4 - TRUE COPY OF FIR NO.463/2007 DATED 20.11.2007 REGISTERED BY CHINGAVANAM POLICE STATION. EXT.P5 - TRUE COPY OF COMPLAINT DATED 23.11.2007 PREFERRED BY PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P6 - TRUE COPY OF ORDER DATED 27.11.2007 OF COURT OF SESSIONS, KOTTAYAM DIVISION, IN CRL.M.P.NO.2911/2007. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL. (true copy) H.L.Dattu, C.J. & K.M.Joseph, J. ----------------------------------------------- W.P.(C).No.3143 of 2008-Y ----------------------------------------------- Dated, this the 6th day of March, 2008 JUDGMENT H.L.Dattu,C.J. T.O.Abraham calls himself to be the Managing Director of St.Mary's Hotels Pvt. Ltd., Kodimatha, Kottayam. In this petition filed under Article 226 of the Constitution, the petitioner requests this Court to direct respondent No.2 to issue appropriate direction to the 1st respondent to refrain from harassing the petitioner any further and not to summon the petitioner to the Police Station without following the procedure established by law and other consequential reliefs. 2. It appears, one T.O.Aleyas and others have filed Civil Appeal No.3446 of 2006. 3. In the said Civil Appeal, the petitioner before us has filed an application, I.A.No.8 of 2008, for certain reliefs. The Supreme Court by its order dated 27.02.2008 has granted the following interim relief. The same is as under: “Meanwhile, appellants are restrained from interfering with the affairs of the hotel till the next date of hearing”. 4. We are informed by Sri.A.M.Shaffique, learned Senior Counsel appearing for additional 3rd respondent in this writ petition, that the matter is now posted for hearing before the Honourable Supreme Court. 5. In view of all these developments, at this stage we are of the opinion that we need not have to consider the primary relief sought for in this writ petition. We dispose of this writ petition in view of the similar matter pending before the Supreme Court in Civil Appeal No.3446 of 2006. W.P.(C).No.3143 of 2008 2 - 6. Liberty is reserved to the petitioner to approach this Court, if need arises in future. 7. In view of the order passed in W.P.(C).No.3143 of 2008, no orders need be passed in I.A.No.2267 of 2008 and the said application is closed. 8. The learned Single Judge has referred W.P.(C).No.4921 of 2008 to be decided by us only because W.P.(C).No.3143 of 2008 is pending before this Court. Since we have disposed of W.P.(C).No.3143 of 2008, it may not be necessary for us to decide W.P.(C).No.4921 of 2008. Accordingly, we retransmit the papers of W.P.(C).No.4921 of 2008 to the learned Single Judge for consideration of the reliefs sought in the writ petition. Ordered accordingly. H.L.Dattu Chief Justice K.M.Joseph Judge vku/-