IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34065 of 2011(G) -------------------------- PETITIONER(S): --------------- K.SOUMINI JOSEPH, AGED 35 YEARS, D/O.LATE K.JOSEPH ZACHARIA, LILLY DALE, UNDAPLAVU, PODIYADI P.O., THIRUVALLA, NOW RESIDING AT KALLANICKAL HOUSE, KEERAMPARA P.O., KOTHAMANGALAM-686 681. BY ADV. SRI.P.VISWANATHAN SRI.K.V.VINOD RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 3. THANKAMMA CHERIAN, AGED 70 YEARS, W/O.P.C.CHERIAN, J.P.NAGAR, STAGE II, MUTTOOR JUNCTION, THIRUVALLA, NOW RESIDING AT KARINGATTIL HOUSE, C.P.UMMER ROAD, ERNAKULAM. 4. SUSAMMA ZACHARIA, AGED 55 YEARS, D/O.K.J.ZACHARIA, KARIGATTIL HOUSE, STADIUM CROSS ROAD, KOCHI-35, NOW RESIDING AT KARINGATTIL HOUSE, C.P.UMMER ROAD, ERNAKULAM. ADV. SRI.K.C.ELDHO FOR R3-4 SRI.JIJO THOMAS FOR R3-4 BY G.P.M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE PHOTOCOPY OF THE DECREE AND SKETCHES. EXHIBIT P2: TRUE PHOTOCOPY OF THE DELIVERY WARRANT ISSUED BY THE SUB COURT, ERNAKULAM UNDER ORDER 21 RULE 35. EXHIBIT P3: TRUE PHOTOCOPY OF THE DELIVERY RECEIPT EXECUTED BY THE PETITIONER. EXHIBIT P4: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT DATED 17/9/2011 ISSUED BY VILLAGE OFFICER, ERNAKULAM. EXHIBIT P5: TRUE PHOTOCOPY OF THE COMPLAINT FILED BY PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS:NIL EXT.R4(A) COPY OF THE JUDGMENT IN WPC NO.16785/08 OF THIS COURT. EXT.R4(B) COPY OF THE REPRESENTATION SUBMITTED BY THE RESPONDENTS 3 AND 4 BEFORE THE R1 CITY POLICE COMMISSIONER /TRUE COPY/ P.S. TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.34065 OF 2011 ................................................................... Dated this the 23rd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. One of the contentions prominently raised by respondents 3 and 4 in the counter affidavit filed by them is that the petitioner is guilty of suppressing material facts from this Court with the objective of persuading this Court to exercise its discretionary jurisdiction in the petitioner’s favour. 2. Sri. P.Viswanathan, learned counsel appearing for the petitioner submits that the petitioner had not given any instruction to him regarding the pendency of the earlier proceedings and it was only when the counter affidavit was read that he came to know about what had transpired earlier. Sri.P.Viswanathan also submitted that when the petitioner was contacted over phone, she was not able to offer any convincing explanation. Sri. P.Viswanathan submitted that he has decided to relinquish the brief. According to us, the suppression of material facts as highlighted in the counter affidavit filed by respondents 3 W.P.(C).NO.34065 OF 2011 : 2 : and 4 disentitles the petitioner to any discretionary relief at the hands of this Court. The writ petition will stand dismissed. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl