N.M.R. SIRAJ Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner has approached this Court seeking following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned counsel appearing for additional respondents 3 and 4. Learned Public Prosecutor is also heard.

(3.) Petitioner is the owner of a flat in an apartment building constructed by the additional respondents 3 and 4. The building is a residential cum commercial building. Allegation raised by the petitioner in Ext.P1 complaint filed before the State Police Chief is that the builder has cheated the flat owners by forcing them to pay electricity bill at the commercial tariff for the entire complex, which includes three commercial floors also. That apart, the common areas have been deceitfully assigned by the builder for gain. This complaint was forwarded to C.I. of Police, Medical College Police Station, Thiruvananthapuram. As per Ext.P3 diary entry, the complaint was closed by the C.I. of Police, making a note that after discussing with the parties, he came to know that civil cases are being fought between the parties and therefore, the parties were directed to resolve the issue through court. Learned counsel for the petitioner submitted that there is no litigation pending between the petitioner and additional respondents 3 and 4. Ext.P4 is the suit filed by City Plaza Shop Owners Association, an association of persons running shops in the building. The petitioner is the defendant in the suit. No suit is pending between the petitioner and additional respondents 3 and 4. According to the learned counsel, the endorsement in Ext.P3 is only wrong, but also cause prejudice to him.