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2023 Supreme(Online)(KER) 7107
HIGH COURT OF KERALA
V. G. Arun, J
RENJINI
– Appellant
Versus
THE STATE POLICE CHIEF, – Respondent
WP(Crl.) 1167 2022
V.SETHUNATH, V.R.MANORANJAN, M.AYYOOBUKHAN, OBEID ABDUL MAJEED
The inclusion of specific provisions in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provided sufficient grounds to dismiss the petition.
Headnote:
Compliance - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(1)(g), 3(1)(za)(A) - The court acknowledged the inclusion of specific provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, leading to the closure of the writ petition.
Fact of the Case:
The petitioner raised grievances regarding the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a police investigation related to an alleged construction blocking access to property.
Finding of the Court:
The court found that the issues raised by the petitioner were resolved following the incorporation of new provisions in the Act, hence closing the petition.
Issues: Whether the grievances of the petitioner under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been addressed effectively.
Ratio Decidendi: The incorporation of Section 3(1)(g) and Section 3(1)(za)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was sufficient to resolve the petitioner's issues.
Final Decision: The writ petition is closed.
JUDGMENT
Dated this the 8th day of February, 2023 Learned Public Prosecutor submits, on instructions, that, Section 3 (1)(g) and (1)(za)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has now been incorporated. If so, the petitioner's grievance stands allayed.
The writ petition is closed based on the submission of the learned Public Prosecutor.
Sd/-
V.G. ARUN JUDGE bpr APPENDIX OF WP(CRL.) 1167/2022 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE F.I.R & F.I.S IN CRIME NO. 1285 / 2021 OF RANNI POLICE STATION DATED 19-11-2021 EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE PAZHAVANGADIKKARA VILLAGE OFFICE DATED 13-09-2021 EXHIBIT P3 THE TRUE COPY OF THE INJUNCTION ORDER DATED 22-09-2021 IN O.S NO.166/2021 ON THE FILES OF HON: MUNSIFF'S COURT, RANNI EXHIBIT P4 THE TRUE COPY OF THE PHOTO SHOWING THE PATHWAY LEADING TO THE PROPERTY OF THE PETITIONER AND OTHERS EXHIBIT P5 THE TRUE COPY OF THE PHOTO SHOWING THE CONSTRUCTION OF GATE ON 23-09-2021 BLOCKING THE PATHWAY LEADING TO THE PROPERTY OF THE PETITIONER AND OTHERS EXHIBIT P6 THE TRUE COPY OF THE PHOTO SHOWING THE PRESENT POSITION OF PATHWAY LEADING TO THE PROPERTY OF THE PETITIONER AND OTHERS EXHIBIT P7 THE TRUE COPY OF THE PHOTO SHOWING THE PUBLIC WELL ADJACENT TO THE PATHWAY EXHIBIT P8 THE TRUE COPY OF THE PHOTOS SHOWING THE DESTRUCTION OF THE WELL ON
15-01-2022 EXHIBIT P9 THE TRUE COPY OF THE EXTRACT OF THE ASSET REGISTER OF THE RANNY PAZHAVANGADI GRAMA PANCHAYAT OF WARD NO.1 EXHIBIT P10 THE TRUE COPY OF THE REPORT SUBMITTED BY THE PANCHAYAT SECRETARY, RANNY PAZHAVANGADI DATED 7-10-2022 BEFORE THE STATE SC & ST COMMISSION EXHIBIT P11 THE TRUE COPY OF THE RECEIPT ISSUED BY THE S.H.O, RANNI POLICE STATION DATED
20-01-2022 EXHIBIT P12 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND OTHERS BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA EXHIBIT P13 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND OTHERS BEFORE THE R.D.O, THIRUVALLA EXHIBIT P14 TRUE COPY OF THE REPORT SUBMITTED BY THE DISTRICT SC & ST OFFICER, PATHANAMTHITTA DATED 26-02-2022 EXHIBIT P15 THE TRUE COPY OF THE ORDER OF THE KERALA SC & ST COMMISSION DATED
02-3-2022 EXHIBIT P16 THE TRUE COPY OF THE RTI APPLICATION GIVEN BY THE PETITIONER'S NEIGHBOUR, MR. MOHANAN ON 12-09-2022 EXHIBIT P17 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE UNION OF INDIA DATED
17-06-2022
