IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24818 of 2009(V) -------------------------------------- PETITIONER(S): --------------------- 1. SRI.C.J.SURESH KUMAR, AGED 50 YEARS, S/O.LATE T.GOPINATHAN NAIR, ASST.COMMISSIONER OF POLICE, (UNDER SUSPENSION)SANKUMUGHAM, THIRUVANANTHAPURAM CITY, RESIDING AT SREE PARVATHY OLAYIL PALACE WARD, KOLLAM. 2. SRI.V.SHAREEFUDEEN, AGED 50 YEARS, S/O.A.ELIAS RAWTHER, ASST. COMMISSIONER OF POLICE (UNDER SUSPENSION) DCRG, THIRUVANATHAPURAM CITY, RESIDING AT PUTHENVEEDU, TC.3/1946/31, PATTOM, THIRUVANANTHAPURAM. 3. SRI.R. PRADEEPKUMR, AGED 40 YEARS, S/O.LATE S.RADHAKRISHNAN NAIR, CIRCLE INSPECTOR OF POLICE (UNDER SUSPENSION), POONTHURA, THIRUVANANTHAPURAM CITY, RESIDING AT VADAKKE VEEDU, PERINKULAM PO, KOTTARAKKARA. BY ADV. MR.ALAN PAPALI RESPONDENT(S): ------------------------ 1. STATE OF KERALA - REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY IN - CHARGE OF SECRETARY, HOME & VIGILANCE DEPARTAMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE COMMANDANT SPECIAL ARMED POLICE, THIRUVANANTHAPURAM. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------------------- W.P.(C)No.24818 of 2009 ----------------------------------------- Dated 28th August, 2009 JUDGMENT Heard Sri.Alan Papali, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioners are Police Officers. In connection with a firing incident that took place on 16.5.2009 at Beemapally in Thiruvananthapuram, the petitioners along with another were placed under suspension by Ext.P1 order dated 22.5.2009 passed by the State Government. Thereafter, by Ext.P2 order dated 16.7.2009, an Enquiry Officer was appointed. The Enquiry Officer was directed to submit the P.R.Minutes within two months. The grievance voiced by the petitioners is that though the period of two months fixed in Ext.P2 will run out shortly, till date the Enquiry Officer has not even commenced the enquiry. They submit that pointing out these and other aspects they have moved the Hon'ble Minister for Home Affairs by submitting Exts.P5 to P7 representations and that the Hon'ble Minister has forwarded the said representations to the Home Department for consideration and necessary action. In this writ petition, the petitioners pray for reinstatement in service after setting WP(C).No.24818/2009 2 aside Ext.P1 order of suspension. In the alternative, they seek a writ in the nature of mandamus commanding respondents 1 and 2 to consider the request made by them in Exts.P5 to P7 representations and pass orders thereon within a time limit to be fixed by this Court. 3. When this writ petition came up for admission yesterday, the learned Government Pleader was requested to ascertain and submit whether the representations filed by the petitioners can be expeditiously considered and disposed of. Today, when the writ petition came up for further hearing, the learned Senior Government Pleader appearing for the respondents submitted that instructions have been received to the effect that within two months from today, the Government will take a final decision on the request made by the petitioners in Exts.P5 to P7 representations. In my opinion, in view of the submission made on behalf of the State Government that they will consider the request made by the petitioners in Exts.P5 to P7 representations, the writ petition can be disposed of with a direction to the competent authority among the respondents to consider the request made by the petitioners in Exts.P5 to P7 representations and take a decision thereon expeditiously and in any event within two months from today. WP(C).No.24818/2009 3 I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to consider the request made by the petitioners in Exts.P5 to P7 representations and take a decision thereon expeditiously and in any event within two months from today. The contentions of the petitioners on the merits are kept open. It will be open to them to supplement Exts.P5 to P7 representations by filing a written submission setting out their grievances and the same shall also be taken note of while considering Exts.P5 to P7 representations. The Registry is directed to issue certified copies of this judgment to the learned counsel appearing on both sides expeditiously. P.N.RAVINDRAN Judge TKS