IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF AUGUST 2018 / 19TH SRAVANA, 1940 WP(C).No. 5201 of 2018 PETITIONER(S) 1 P.G. SUNILKUMAR, PUTHENPURAYIL, NADVATHNAGAR P.O., AROOKUTTY, POOCHAKAL, CHAERTHALA, ALAPPUZHA - 688 559. 2 M.R.SAJEEV KUMAR, MUNDAKKAL HOUSE, ERAMALLOOR P.O., CEHRTHALA, ALAPPUZHA, 688 537. 3 PURUSHOTHAMAN, SAVITRI NILAYAM, ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA 688 537. 4 RAJASEKHARAN NAIR, NELLISSERY, ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA 688 537. BY ADVS.SRI.P.V.JAYACHANDRAN SRI.NIDHI BALACHANDRAN SMT.G.N.DEEPA RESPONDENT(S): 1. THE INSPECTOR GENERAL OF POLICE RANGE OFFICE, KOCHI, ERNAKULAM 682 011. 2. THE DISTRICT SUPERINTENDENT OF POLICE ALAPPUZHA - 688 001. 3. THE SUB INSPECTOR OF POLICE AROOR, CHERTHALA, ALAPPUZHA - 683 579. 4. THE SECRETARY THOTTAPPALLIL SREEKRISHNA SWAMI SKHETRA SAMITI, REG. NO. 58/74, ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA - 688 5537. R4 BY ADV. DR.V.N.SANKARJEE R4 BY ADV. SRI.S.SIDHARDHAN R4 BY ADV. SRI.V.N.MADHUSUDANAN R4 BY ADV. SMT.R.UDAYA JYOTHI R4 BY ADV. SRI.M.M.VINOD R4 BY ADV. SMT.M.SUSEELA BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5201 of 2018 (A) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE AUDIT REPORT DATED 04.08.2017. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 14.09.2017. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 29.11.2017 WITH COVERING LETTER DATED 07.12.2017. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 28.12.2017 SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 28.12.2017 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 09.02.2018 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGE RECEIPT DATED 09.02.2018. EXHIBIT P8. TRUE COPY OF THE REPORT DATED 1/3/2018 SUBMITTED BYTHE DY.SUPDT. OF POLICE, CHERTHALA, ALAPPUZHA. EXHIBIT P9. TRUE COPY OF THE COMMUNICATION DATED 2/3/2018 ISSUED BY THE DY.SUPDT. OF POLICE, CHERTHALA,ALAPPUZHA TO THE 4TH RESPONDENT RESPONDENT'(S) EXHIBITS: EXT.R4(a) COPY OF THE LIST OF PROPERTIES AS ENTRUSTED BY [ENTITY] REPRESENTING THE OFFICE BEARERS OF THE THOTTAPPALLIL SREEKRISHNA SWAMI KSHETHRA BHARANA SAMITHI CONSTITUTED BY UDAMPADI NO.66/1974 EXT.R4(b) COPY OF THE DECLARATION (PRASTHAVANA) DATED 7.7.1987 PUBLISHED AND CIRCULATED BY THE THEN ADMINISTRATIVE COMMITTEE EXT.R4(c) COPY OF THE JOINT STATEMENT DATED 26.12.1991 EXECUTED JOINTLY BY THE TAHSILDAR AND THE OFFICE BEARERS OF THE NEW COMMITTEE TOGETHER WITH STOCK STATEMENTS DATED 22.12.1991 EXECUTED BY THE OFFICE BEARERS OF THE ADMINISTRATIVE COMMITTEE EXT.R4(d) COPY OF THE STOCK REGISTER AS HANDED OVER ON 3.10.1993. EXT.R4(e) COPY OF THE CURRENT STOCK REGISTER DATED 22.2.2004 EXT.R4(f) COPY OF THE LETTER DATED 10.11.2017 ISSUED BY SHRI.K.N.VALSAN TO THE SECRETARY, THOTTAPPALLIL SREEKRISHNA SWAMY TEMPLE EXT.R4(g) COPY OF THE LETTER DATED 6.1.2018 SUBMITTED BY SALAVUDDHIN TO THE THOTTAPPALLY SREEKRISHNA SWAMY KSHETHRA BHARANA SAMITHI EXT.R4(h) COPY OF THE NIYAMAVALI DATED 26.3.2015 BEARING NO.22/IV/2015 ON THE FILE OF THE SRO, KUTHIYATHODE EXT.R4(i) COPY OF THE MINUTES OF THE GENERAL BODY HELD ON 8.7.2018 TOGETHER WITH ITS ATTENDANCE REGISTER TRUE COPY PA TO JUDGE bka/- [ENTITY], J. [CASE NUMBER] Dated this the 10th day of August, 2018 JUDGMENT
The first petitioner filed Ext.P4 complaint before the Sub Inspector of Police, Aroor, who is the third respondent in this Writ Petition. He is aggrieved by the inaction of the third respondent. The prayer of the petitioner is to direct him to register a case.
2. Heard the learned counsel for the petitioner and the fourth respondent and the learned Public Prosecutor.
3. In [PRECEDENT] and [PRECEDENT] the Supreme Court has held that if police fail to register a case though inofrmation about commission of cognizable offence is given, the remedy of the informant is to file a complaint before the magistrate and neither a Writ Petition nor a petition under [SECTION] [ACT] is maintainable. In the light of these decisions, this Writ Petition is liable to be dismissed.
Accordingly, this WP(C) is dismissed.
[ENTITY] bka/10.08.2018