IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34100 of 2009(F) -------------------------- PETITIONER(S): --------------- M.K.SANJEEV, AGED 47 YEARS,S/O.M.A.KESAVAN,37/3951, V.K.KARUNAKARAN SMARAKA LANE,KALOOR, KOCHI-682017. BY ADV. SRI.MANJU ANTONEY RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE (SHO), ERNAKULAM TOWN NORTH STATION, ERNAKULAM DISTRICT. 2. COMMISSIONER OF POLICE, OFFICE OF CITY POLICE COMMISSIONER, CITY OF COCHIN,ERNAKULAM,COCHIN-31. 3. D.G.P.OF POLICE, (LAW & ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,THIRUVANANTHAPURAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. ANIL,S/O.VELAYUDHAN, KIZHAKOOT HOUSE,P.O.ANANDAPURAM, KODAKARA,THRISSUR DISTRICT-680 323. 6. RAJAN A.R., AGED 40 YEARS,S/O.RAMAKRISHNAN, ANATHUPARAMBIL HOUSE,MANAKULANGARA (VIA) KODAKARA,THRISSUR-680 684. : 2 : WP(C).No. 34100 of 2009(F) 7. ANEESH V.,S/O.VELAYUDHAN, KIZHAKAT HOUSE P.O.,ANANDAPURAM, KODAKARA,THRISSUR DISTRICT 680323, 8. VENU,ASI, E.T.NORTH POLICE STATION,ERNAKULAM. 9. ALI, SUB INSPECTOR OF POLICE, E.T.NORTH POLICE STATION,ERNAKULAM. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34100 of 2009(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMPLAINT DATED 20-11-2009 AS CRL.M.P.NO.4438/2009 BEFORE HON'BLE ADDL.CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES), ERNAKULAM, FILED BY THE PETITIONER. EXT.P2. TRUE COPY OF THE ANTICIPATORY BAIL APPLICATION DATED 21-11-2009 AS CRL.M.C.NO.2188/2009, BEFORE THE HON'BLE SESSIONS COURT, ERNAKULAM FILED BY THE PETITIONER. EXT.P3. TRUE COPY OF THE COMPLAINT DATED 21-11-2009 BEFORE THE HON'BLE HUMAN RIGHTS COMMISSION FILED BY THE PETITIONER. EXT.P4. TRUE COPY OF THE COMPLAINT DATED 24-11-2009 BEFORE THE HON'BLE HUMAN RIGHTS COMMISSION FILED BY THE PETITIONER. EXT.P5. TRUE COPY OF THE COMPLAINT DATED 24-11-2009 BEFORE THE HON'BLE HUMAN RIGHTS COMMISSION FILED BY THE PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.34100 of 2009 ----------------------------------------- Dated this the 3rd day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer:- i) to issue a writ of mandamus or other appropriate writs or order or direction, commanding the respondents not to harass the petitioner or his staff, physically or mentally in connection with the business/employment of the petitioner - (a) further direct the respondents to return the office files, certificates, valuable documents, mobile phones, keys etc. forthwith. (c) further this Hon'ble Court may be pleased to grant adequate compensation to the petitioner, from the respondents, for the damage suffered by the petitioner, due to the illegal acts and harassments of the respondents. Learned Government Pleader, on instruction, submits that the Police only conducted an appropriate enquiry on the complaints received by them alleging that the petitioner has been engaged in the illegal business of collecting money by promising jobs abroad without proper authority. It is submitted that there is no harassment in the process. The above submission is recorded. W.P(C)No.34100 of 2009 -:2:- The writ petition is disposed of making it clear that in case the petitioner has a grievance regarding the procedure of investigation, it will be open to him to bring the same to the notice of the Magistrate of competent jurisdiction. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.34100 of 2009 ---------------------------- JUDGMENT 3rd December, 2009