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 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 31724 of 2010(M) -------------------------- PETITIONER(S): --------------- RENJAN, PARTNER & GENERAL MANAGER, SUN ENTERPRISES, S/O.KURIAN, AGED 28 YEARS, KARAKATTIL (H), ATTAPPALLAM P.O., IST MILE, KUMALY, IDUKKI. BY ADV. SRI.C.A.JOY RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR.670002 2. THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR.670002 GOVERNMENT PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31724 of 2010 ---------------------------------------- Dated this the 20th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of mandamus directing the respondents not to harass by unnecessarily summoning the petitioner or staff of the establishment and detained them without adequate reasons in connection with investigation of Cr.No.962/10 of Kannur Town Police station. ii) Issue a writ of mandamus directing the 2nd respondent to give proper notice to the petitioner and staff of the establishment as and when their presence is required in furtherance of the investigation of the Crime in accordance with law. iii) Issue a writ of Mandamus directing the 2nd respondent to forthwith release the vehicle, Omini Cargo with registration KL-35/B-4920 with goods kept in the custody of the 2nd respondent to the petitioner. W.P.C.No.31724 of 2010 2 2. It is not in dispute that after the filing of this writ petition, vehicle has been released to the petitioner. As far as the goods are concerned, the learned Government Pleader, on instructions, submits that it has been entrusted with the concerned Sales Tax Officer and the petitioner is the second accused in crime No.962/2010 of Kannur Town police station. 3. The learned counsel for the petitioner would submit that the second respondent has taken the R.C.Book of Vehicle No.KL 37 8562 and original driving licence on 12/10/2010. The writ petition is filed on 15/10/2010. There is absolutely no such case in this writ petition. We are not inclined to go into that question in this proceedings. 4. Without prejudice to the right of the petitioner to seek his remedies before the appropriate forum and leaving it open to the respondents to investigate the case in accordance with law, this writ petition is disposed of. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31724 of 2010 3 W.P.C.No.31724 of 2010 4 W.P.C.No.31724 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010