IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 789 of 2010(W) ------------------------ PETITIONER(S): --------------- 1. MOHAMMED ATHIF.A.A., S/O.ABOOBACKER, AGED 22 YEARS, MENATHU (H), PERUMBADAPPU P.O., MALAPPURAM DISTRICT. 2. MUSTHAFA.M., S/O.MOIDUTTY, AGED 20 YEARS, MANGATTAYIL (H), PERUMBADAPPU P.O., MALAPPURAM DISTRICT. 3. JISHAR.N.C., S/O.KUNHIMARAKKAR, AGED 22 YEARS, PADIYODATH (H), PERUMBADAPPU P.O., MALAPPURAM DISTRICT. 4. SHIHAB.C.K., S/O.UMMER, AGED 22 YEARS, CHANGENGALATH (H), PERUMBADAPPU P.O., MALAPPURAM DISTRICT. 5. MOHAMMED SHAFEEN, AGED 24 YEARS, S/O.KUNJIMON, POYAGADATHIL (H), PLERUMBADAPPU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SMT.BINDU GEORGE RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, MALAPPURAM. 2. CIRCLE INSPCTOR OF POLICE, PONNANI POLICE STATION, PONNANI. 3. SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STATION, MALAPPURAM DISTRICT. 4. FARSHAD, SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STATION, MALAPPURAM DISTRICT. GOVT. PLEADER SHRI DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: EXT. P1 TRUE COPY OF THE WOUND CERTIFICATE OF THE 1ST PETITIONER DATED 4-11- 2009 EXT.P2 TRUE COPY OF THE WOUND CERTIFICATE OF THE 2ND PETITIONERS DATED 4-11- 2009 EXT.P3 TRUE COPY OF THE WOUND CERTIFICATE OF THE 3RD PETITIONER DATED 4-11- 2009 EXT.P4 TRUE COPY OF THE WOUND CERTIFICATE OF THE 4 TH PETITIONER DATED 4-11- 2009 EXT.P5 TRUE COPY OF THE WOUND CERTIFICATE OF THE 5TH PETITIONER DATED 4-11- 2009 EXT.P6 TRUE COPY OF THE COMPLAINT DATED 5-11-2009 SUBMITTED BY MERCHANTS ASSOCIATION, PERUMBADAPPU BEFORE THE 2ND RESPONDENT EXT.P7 TRUE COPY OF THE NEWS PAPER REPORT IN MADHYAMAM DAILY DATED 6-11- 2009 EXT.P8 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DT. 7-11-2009 EXT.P9 TRUE COPY OF THE COMPLAINT DATED 5-11-2009 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL (TRUE COPY ) PS TO JUDGE. PIUS C. KURIAKOSE & K. HARILAL, JJ. --------------------------------------------- WP(C). No. 789 of 2010 ----------------------------------------------- Dated this the 14th day of November, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioners who claim to be workers of Youth Congress at Perumbadappu in Ponnani Taluk have filed this writ petition alleging that the 3rd respondent who is a police officer eo nominee as the 4th respondent is described as a CPI(M) fellow traveller is implicating the petitioners in false crimes. All the respondents including 4th respondent have been served with notice. Importantly, the 4th respondent has not chosen to file any statement and much less any counter affidavit. The learned Government Pleader obviously on the basis of the instructions from respondents 1 to 3 submitted that the accusations levelled against the police are absolutely unfounded. The police is never concerned about the political affiliations of the parties involved in cases which are coming up before them. The 4th respondent WP(C). 789/10 -2- has no political affiliations. There is no question of the 4th respondent arresting or detaining anybody based on political colour. No incident as alleged has occurred on 4-11-2009. The 4th respondent has never assaulted the petitioner using lathi and boot. The 4th respondent has never threatened the petitioner as alleged. The Perumpadappu Police Station is situated within the Ponnani Taluk where a quarter part of the geographical area is touched with the famous Bharathapuzha, the backwaters and other major part is the western Arabian Sea belt. River sand from the above said riverside area are transported to Thrissur District as well as to the other areas through the jurisdiction of Perumpadappu Police Station. Thereby Perumpadappu Police Officers are on day and night duty to detect illegal transport of sand cases. Manal Mafia and their agents are transporting sand in midnight and early morning. For the last many years Perumpadappu Police and Tahsildar are fighting with the WP(C). 789/10 -3- illegal sand transporting persons. Even though 1st petitioner owns a lorry bearing registration No. KL 10E 1222 he hires lorries for illegal sand transportation. All the petitioners are acting as watchmen to report each and every movement of police sitting beside the Police Station. As and when police party move with vehicle or otherwise these persons over mobile intimate illegal sand transporting lorry drivers to divert the ro0ute or to hide vehicle somewhere. These illegal practices are keenly watched by all the policemen. Hence to block the official duties, the petitioners themselves colouring us as congress workers and without any basis only for the sake of allegation the 4th respondent is put as CPI(M) activist. 2. The following cases are on the files of the Perumpadappu Police Station against 1st petitioner : Crime No. 210/08 under section 4(1) r/w section 21(1) MMDR, and Crime No. 282/09 under Section 286 IPC. Crime No. WP(C). 789/10 -4- 210/08 under Section 4(1) r/w Section 21(1) MMDR is charged by earlier Sub Inspector not by the 4th respondent. It will prove that the 1st petitioner is the offender and such offender without clean hands is approaching this court to stop the policemen to take any action against him in future. The petitioners under the name and style of Congress workers are attempting to get a shield of court order against their future accusations. 3. We have heard the submissions of Sri. Santheep Ankarath, learned counsel for the petitioners and those of Mr.Dhanesh Mathew Manjooran, learned Government Pleader, we are of the view that the circumstances that the 4th respondent has not chosen even to file a statement answering the allegations against him is of some moment. At the same time, what the learned Government Pleader submitted on the basis of the instructions imparted to him by respondents 1 to 3 is correct. Action of the police officers WP(C). 789/10 -5- cannot be branded as harassment. 4. We are not inclined to take a final decision in this writ petition. We notice that Ext.P9 petition submitted by the petitioners before the District Police Chief against the 4th respondent pending. We direct the first respondent to take up Ext.P9 and to hold a thorough enquiry into the same. If the enquiry reveals that there is truth in the allegations levelled by the petitioners in Ext.P9, the first respondent shall do the needful for initiating departmental action against the 4th respondent. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-