IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 OP.No. 22763 of 2000(I) --------------------------------- PETITIONERS: --------------------- 1. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, PAZHAVANGADI UNIT, THIRUVANANTHAPURAM, REG.NO.262/81, REP: BY ITS GENERAL SECRETARY, SRI. SHAJI.C. VARKEY. 2. THE WARE HOUSE, M/S. CEE CEE ENTERPRISES, POWER HOUSE ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP. BY ITS PARTNER, SRI. SHAJI.C. VARKEY. 3. M/S. COSMOS ELECTRICAL AGENCIES & INDO SHOES, OVER BRIDGE, M.G. ROAD, THIRUVANANTHAPURAM, REP. BY ITS PROPRIETOR, SRI. M.K. RAFI. 4. M/S. SIMPLE FOOTWARE, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PARTNER, SRI. M. SALIM. 5. M/S. CROWN TEX, TC 28/2322, OVER BRIDGE, M.G. ROAD, THIRUVANANTHAPURAM, REP: BY ITS MANAGER, SRI. MOHAMMED RAFEEK. 6. M/S. SIVASAKTHI JEWELLERY, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PARTNER, SRI. A. RAJAPPAN ACHARY. 7. M/S. SABA PHOTO SALES, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI.V. SASIKUMARAN NAIR. 8. M/S. AZAD RESTAURANT, AZAD HOTELS, OVER BRIDGE, THIRUVANANTHAPURAM, PIN – 695 023, REP: BY ITS PROPRIETOR, SRI. A. ABDUL NAZAR. O.P. NO. 22763/2000-I: 9. M/S. SAHELI SELECTIONS, POWER HOUSE ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI. AMARJIT SINGH. 10. M/S. KAILAS ENTERPRISES, TC. 28/2331, OVER BRIDGE, THIRUVANANTHAPURAM – 23, REP: BY ITS PROPRIETOR, SRI. S. GOPAKUMAR. 11. M/S. CITY TIME CENTRE, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI. NAVAZ. 12. M/S. CITY WEAR, CEE CEE COMBINES, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM – 695 023, REP: BY ITS PARTNER, SRI. SHAJI.C. VARKEY. 13. M/S. METRO CYCLE IMPORTING COMPANY, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS MANAGER, SRI. VIJAYA SINGH.R. 14. M/S. MOONLIGHT, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI. SHAJI.M. 15. M/S. FANTASIA, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI. MURALI. 16. M/S. HOTEL KARTHIK, M.G. ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP: BY ITS PROPRIETOR, SRI. MUTHU KUMAR. BY ADVS. SRI.BIJU ABRAHAM, SRI.K.A.MANZOOR ALI. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP: BY ITS SECRETARY TO THE HOME AFFAIRS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. O.P. NO. 22763/2000-I: 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 4. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 6. THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. 7. AKHILA BHARATIYA VIDHYARDHI PARISHATH (ABVP), T.C.23/2509, VANCHIYOOR (P.O), MALLOOR ROAD, THIRUVANANTHAPURAM -35, REP: BY ITS STATE PRESIDENT, SRI. C.K. PADMANABHAN. 8. THE BHARATIYA JANATHA PARTY, KERALA STATE COMMITTEE, T.C. 23/2509, VANCHIYOOR (P.O), MALLOOR ROAD, THIRUVANANTHAPURAM – 35, REP: BY SRI. C.K. PADMANABHAN, STATE PRESIDENT. R1 TO R6 BY GOVERNMENT PLEADER SRI. P. NARAYANAN. THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 19/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.SIRI JAGAN, J. ================== O.P.No. 22763 of 2000 ================== Dated this the 19th day of August, 2010 J U D G M E N T This original petition was filed in the year 2000. It is yet to be admitted and notice issued to the respondents. The petitioner has not evinced any interest in this original petition all along. It came up before a learned Single Judge on 18.8.2010, on which date, the following order was passed: “None appears for the petitioners. There was also no representation when the case was called on for hearing. Though this writ petition was filed on 8.8.2000, till date, the writ petition has not been admitted and notice ordered to the respondents. In such circumstances, Registry is directed to post the writ petition for admission tomorrow as per the roster.” 2. When the matter was taken up today for admission, an advocate seeks adjournment on behalf of the petitioners' advocate. Adjournment is refused in view of the fact that this original petition is of the year 2000. 3. The reliefs sought for in this original petition are as follows; “i) issue a writ of mandamus directing the 1st respondent to make an assessment and pay compensation to the damages to the petitioners 2 to 16 and other shops and establishments in the incident of violence occurred on 13.7.2000 at Thiruvananthapuram City. ii) issue a writ of mandamus directing the 1st respondent (sic) order an enquiry and investigation by an competent authority as this hon'ble Court may deems (sic) fit and proper, to probe of the failure on the part of respondents 3 to 6 in preventing deadly destruction. iii) issue a writ of mandamus to the 1st respondent to take appropriate o.p.22763/2000 2 legal action to realize make good the loss sustained to the public and private properties from the respondents 7 & 8. iv) issue a writ of mandamus directing the respondent to realize the damages sustained to the public and private properties, in the incidents occurred at Thiruvananthapuram on 13.7.2000 personally from those Police Officers who failed in discharge of his duties preventing from such destructions.” I am of opinion that these are reliefs which the petitioner should more appropriately agitate in a civil suit. Accordingly, without prejudice to that right, this original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 22763 of 2000-I ================== J U D G M E N T 19th August, 2010