IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 W.A.No. 2103 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.28210/2008 DATED 24.09.2008 .................... APPELLANT/WRIT PETITIONER: --------------------------------------------- RAJU PUZHANKARA, S/O.LATE SANKARA NARAYANA MENON, AGED 42 YEARS, PUZHANKARA VEEDU, KUNDANNOOR POST, VIA-_VADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.K.P.RAMACHANDRAN & SRI.SREE MULLAMANGALAM SABU K.NAIR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 4. ASSISTANT COMMISSIONER OF POLICE, SANKUMUKHOM, THIRUVANANTHAPURAM. 5. THE DEPUTY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 6. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 7. INSPECTOR GENERAL OF CRIME BRANCH, THIRUVANANTHAPURAM. W.A.NO.2103 OF 2008 - 2 - 8. SUPERINTENDENT OF POLICE, CRIME BRANCH OFFICE, THIRUVANANTHAPURAM. 9. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH OFFICE, THIRUVANANTHAPURAM. 10. JOINT DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. 11. THE SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION, KATHRIKKADAVU ROAD, COCHIN. 12. SRI.SABARINATH, AGED 21 YEARS, S/O.RAJAN CHELLAPPAN, MANAGING DIRECTOR, 'TOTAL 4 YOU', NEAR-MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDENT OF SABARI NIVAS, KURAVANKONAM, KIDANGAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM. 13. SRI.RAJAN CHELLAPPAN, FATHER'S NAME NOT KNOWN, AGED ABOUT 52 YEARS, DIRECTOR, 'TOTAL 4 YOU', NEAR-MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDENT OF SABARI NIVAS, KURAVANKONAM, KIDANGAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM. R1 TO R9 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2103 of 2008 ---------------------------------------------- Dated, this the 23rd day of October, 2008 JUDGMENT H.L.Dattu, C.J. In our opinion, the way the writ petition is drafted is highly reprehensive. Unnecessary and unwarranted allegations are made against the kith and kin of the responsible Ministers of the State and for making those allegations there is no basis whatsoever. 2. In the instant case, according to the petitioner, the 12th respondent is managing a financial institution and has defrauded the depositors and therefore a request is made in the petition filed under Article 226 of the Constitution, to entrust the investigation to the efficient officers of Central Bureau of Investigation, since the police personnel of the State will not be in a position to make proper investigation, since the kith and kin of the Ministers are involved along with the 12th respondent to defraud the creditors. 3. In the writ petition filed, it is not stated whether the petitioner is a depositor in the financial institution run by the 12th respondent. It is also not stated how the petitioner is interested in the WPC No.2103/2008 -2- depositors who had made the deposits with the 12th respondent. Therefore, he does not even have the locus to maintain the writ petition. Fortunately, the petitioner has not styled this petition as a public interest litigation. 4. In fact, in the present case, a complaint is filed before the jurisdictional police authorities and the said complaint is registered and the matter is being investigated by Special Crime Branch Police, which is headed by an Officer who has sufficient experience. 5. Having gone through the pleadings in the writ petition and the judgment of the learned Single Judge, we are satisfied that the learned Judge was justified in rejecting the petition at the threshold itself. Therefore, while concurring with the reasoning of the learned Judge, we dismiss the writ appeal. No order as to costs. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk