High Court Kerala High Court

Viswambharan vs The Deputy Superintendent Of … on 12 April, 2007

Kerala High Court
Viswambharan vs The Deputy Superintendent Of … on 12 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 252 of 2007(Y)


1. VISWAMBHARAN, S/O. NARAYANAN,
                      ...  Petitioner

                        Vs



1. THE DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, ERATTUPETTA.

3. RAVINDRAN, S/O. NARAYANAN,

4. SULOMANI, W/O. RAVINDRAN,

                For Petitioner  :SRI.C.J.JOY

                For Respondent  :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :12/04/2007

 O R D E R

J.B. KOSHY and K.P.BALACHANDRAN, JJ.

—————————-

R.P. No.252 of 2007 IN W.P.(C)No.31708 of 2006-Y

—————————-

Dated this the 12th day of April, 2007

Order

Koshy, J.

This is a petition for reviewing the judgment

dated 18.1.2007 in W.P. (C) No.31708 of 2006. In a

petition under article 226 of the Constitution of India,

this court is not deciding any disputed questions. While

filing police protection petition, this constitutional

court cannot be converted as an execution court of the

civil court. If the petitioner obtained a civil court

decree, it is for him to execute the same through the

civil court. The Hon’ble Supreme Court, time and again,

held that disputes between private parties cannot be

decided in the guise of a writ petition. If any criminal

complaints are not looked into by the police, remedy of

the petitioner is to approach the magistrate as provided

under the Code of Criminal Procedure.

We see no ground to review the judgment.

Review petition dismissed.

J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

vaa

W.P.(C).No./2007 2

J.B. KOSHY AND

K.P.BALACHANDRAN, JJ.

————————–

R.P. No.252/2007 IN

W.P.(C)NO.31708/2006 Y

————————–

ORDER

Dated:12th April, 2007