IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24096 of 2011(J) -------------------------------- PETITIONER(S): ------------------ KARAVALI INFORMATION CENTRE MILLENNIUM CLINICAL LAB BUILDING, N.H.220,PONKUNNAM, KOTTAYAM DISTRICT REP.BY ITS MANAGER, GRACYKUTTY JOHN , PUTHIPARAMBIL HOUSE, NARIYANANI P.O.,THACHAPUZHA KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE RESPONDENT(S): ------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY, KOTTAYAM DISTRICT 2. CIRCLE INSPECTOR OF POLICE, PONKUNNAMM,KOTTAYAM DISTRICT 3. ABHIJITH P.R,VADAKKEPAATHIYALIL KANNADY P.O.,PULINKUNNU, ALAPPUZHA DISTRICT-688504 4. NIKKUMON U.K,PULIMOOTTIL HOUSE, KUNNAMKARA P.O., ALAPPUZHA DISTRICT,PIN-686102 5. PRAVEEN P.R, PANACHITHARA HOUSE, KUNNAMKERI P.O., ALAPPUZHA DISTRICT,PIN-686101 6. NIDHIN JOHN,MALITHARA HOUSE, PUZHVATHU, CHANGANACHERRY P.O., KOTTAYAM DISTRICT,PIN-686101 WP(C).No. 24096 of 2011(J) -2- 7. S.VISHNU SOMAN, PATHILIL HOUSE, PULIKUNNOO P.O.,ALAPPUZHA DISTRICT-688504 8. PRAVENDAS, CHETHAKKAL HOUSE, KANAKAPALAM P.O.,ERUMELY, KOTTAYAM DIST PIN-686509 9. RAJESHMON T KAVUNGAL HOUSE, KANAKAPALAM P.O.,ERUMELY, KOTTAYAM DISTRICT PIN-686509 10. PRINCE K.T.MINOR REPRESENTED BY HIS FATHER GURARDIAN THAMPI, KAVUNGAL HOUSE KANAKAPALAM P.O.,ERUMELY, KOTTAYAM DISTRICT PIN-686509 11. NIDHIN CHACKO, THUNDIYIL HOUSE, PONTHANPUZHA P.O.,CHARUVELI-686563 12. SREEJITH V.S.VELLOOPPURAYIDAM, KANAKAPALAM P.O.,ERUMELY,KOTTAYAM DIST-PIN-686509 13. JITHIN PHILIP VATTAMATTATHIL HOUSE, PAZHAYIDOM P.O.,KANJIRAPPALLY, KOTTAYAM DISTRICT PIN-686327 14. MANU ANTONY, KAPPIYIL HOUSE, MANIMALA P.O.,KOTTAYAM DISTRICT PIN-686543 15. RAMESH PRAKASH NEDIYAMATTOM HOUSE,MANNANAM.P.O, KOTTAYAM DISTRICT PIN-686561 16. KALESH T.V ATTUKADAVU HOUSE, KIDANGOOR P.O.,ALAPPUZHA PIN-686107 17. ULLAS M.K, MURUKAMANGALAM, MAMPUZHA KARA, RAMANKARI P.O., ALAPPUZHA PIN-689595 18. TINU DOMINIC PLANITHOTTAM, VECHOOCHIRA,PATHANAMTHITTA DISTRICT PIN-686511 WP(C).No. 24096 of 2011(J) -3- 19. JOMI JOSE, POOVELIKUNNEL HOUSE, VIZHIKKATHODU P.O.,KANJIRAPPALY, KOTTAYAM DISTRICT-PIN-686527 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24096 of 2011(J) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE LETTER DATED 29/08/11 SENT BY THE PRINCIPAL OF THE POLYTECHNIC EXT.P2:- TRUE COPY OF THE STATEMENT DT.06/08/11 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24096 of 2011 ------------------------------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by Karavali Information Centre complaining that at the instance of the party respondents who were students of Karavali Polytechnic they are being harassed by the police. The learned Government Pleader submitted on the basis of instructions that the accusations of harassment are baseless. There was some issue between the petitioner and the party respondents who were students in Karavali Polytechnic who joined the Karavali Polytechnic through the petitioner regarding the return of the testimonials of the students who were no longer interested in pursuing their studies in the polytechnic on account of ragging. Even though the petitioner initially agreed that the testimonials can be returned to the students they are now taking up the stand that they do not have W. P. C. No.24096 of 2011 -2- custody of the testimonials. 2. To our specific query whether the attendance of the petitioner or any functionaries of the petitioner is required by the police, the answer of the learned Government Pleader was in the negative. The learned Government Pleader submitted that it was on the basis of complaint submitted by the students that the petitioner's attendance was previously requested. 3. Sri.Philip T. Varghese, the learned counsel for the petitioner submitted that at no point of time, the petitioner has custody of the testimonials. The petitioners were unnecessarily summoned to the police station and harassed. 4. Having considered the rival submissions addressed at the Bar, we are of the view that no directions as sought for against alleged police harassment are warranted. However, we record the submission of the learned Government Pleader that the attendance of the petitioner and the petitioner's functionaries are no longer required by the police. We dispose of the Writ Petition directing the W. P. C. No.24096 of 2011 -3- respondents 1 and 2 to issue notice to the petitioner under Section 160 Cr.P.C if in future the attendance of the petitioner is required in connection with any enquiry or investigation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-