IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37642 of 2010(E) ------------------------------------ PETITIONER(S): --------------------- NAJEEB, AGED 33 YEARS, S/O.SHAHUL HAMEED, PPV HOUSE, MYNAGAPALLY NORTH VILLAGE,MYNAGAPPALLY BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. CHAIRMAN, POLICE CMPLANINTS AUTHORITY KOLLAM DISTRICT-691013 3. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT-691013 4. CIRCLE INSPECTOR OF POLICE, SASTHAMKOTTA-690521 5. SUB INSPECTOR OF POLICE, SASTHAMKOTTA-690521 6. SUB DIVISIONAL MAGISTRATE, KOLLAM-691013 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.37642 of 2010-E ---------------------------------------------- Dated, this the 22nd day of December, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “i) to issue a writ of mandamus or other appropriate writ order or direction directing the 5th respondent not to harass or threaten the petitioner and not to interfere with peaceful life of the petitioner under any pretext. ii) to issue a writ of mandamus or other appropriate writ order or direction directing 2nd respondent to take immediate action on Ext.P6. Iii) to issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P5 and all further proceedings pursuant thereto.” 2. The Ist prayer in the writ petition would reveal that petitioner is complaining of harassment by the 5th respondent at the instance of one Rajendran. 3. Learned Government Pleader would submit that there are five crimes registered against the petitioner and investigation will be done only in accordance with law and there will be no harassment of the petitioner. WPC 37642/2010 -2- As regards the 2nd prayer is concerned we leave it open to the petitioner to prosecute the petition before the complaint authority. We also leave open the 3rd prayer and it is open to the petitioner to work out his remedy in respect of prayer No.3 in the appropriate forum. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS