IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 27103 of 2010(K) -------------------------- PETITIONER(S): --------------- SHAJI V.JAMES, AGED 38 YEARS, W/O.JAYAN ANTONY, AKKIYAZATH HOUSE, MUNDAMVELI P.O. KOCHI-68207, NEW WORKING AS STAFF NURSE, THIRUMALA DEVASWOM MEDICAL COLLEGE, VANDANAM, ALAPPUZHA. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, VANITHA CELL, ALAPPUZHA. 3. JAYAN ANTONY AGED 43, S/O.ANTONY A.A. AKKIYAZHATH HOSUE, MUNDAMVELI P.O. KOCHI - 682507. ADV. SRI.VIJU ABRAHAM FOR R3 SRI.DOMINIC JOHNSON FOR R3 GOVERNMENT PLEADER, SHRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27103 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MEDICAL REPORTS OF THE PETITIONER. EXT.P2 TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM MEDICAL TRUST HOSPITAL DATED 24/02/2010. EXT.P3 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/04/2010. EXT.P4 TRUE COPY OF DISCHARGE CERTIFICATE DATED 02/07/2010. EXT.P5 TRUE COPY OF COMPLAINT DATED 07/07/2010 FILED BY A.A.ANTONY BEFORE THE ASST. COMMISSIONER OF POLICE MATTANCHERRY. EXT.P6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 27/08/2010. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE WP(C).No. 27103 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MEDICAL REPORTS OF THE PETITIONER. EXT.P2 TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM MEDICAL TRUST HOSPITAL DATED 24/02/2010. EXT.P3 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/04/2010. EXT.P4 TRUE COPY OF DISCHARGE CERTIFICATE DATED 02/07/2010. EXT.P5 TRUE COPY OF COMPLAINT DATED 07/07/2010 FILED BY A.A.ANTONY BEFORE THE ASST.COMMISSIONER OF POLICE, MATTANCHERRY. EXT.P6 TRUE COPY OF MEDICAL CERTIFICATE DATED 27/08/2010. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE K.M.JOSEPH & T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27103/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of September, 2010 J U D G M E N T K.M.Joseph,J. The petitioner has approached this Court with the following prayers: “i. Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent not to harass the petitioner by summoning her to the police station to entertain the complaint filed by the parents of the petitioner for which 2nd respondent has no jurisdiction. ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to produce the alleged complaint lodged by the parents of the petitioner before this Hon'ble Court. iii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to send the complaint allegedly lodged by the parents of the petitioner who are residing in Kottayam District to the concerned police station for taking appropriate action.” W.P.(C). No.27103/2010 -:2:- 2. Today, when the matter came up, we heard the learned counsel for the petitioner, the learned counsel for the third respondent and also the learned Government Pleader. 3. The learned counsel for the third respondent would point out that actually the complaint of the petitioner is based on alleged harassment by the second respondent on the complaint lodged by the parents of the petitioner and, that the parents of the petitioner are not parties to this writ petition. 4. The learned Government Pleader submitted that the complaint has been received from the parents of the petitioner. But, he would submit that the second respondent will not harass the petitioner. We record the same and close the writ petition. 5. We take note of the third prayer in the writ petition and the learned Government Pleader also submitted that the second respondent will send the complaint lodged by the parents of the petitioner, who are residing in Kottayam, to the concerned Police Station. (K.M.Joseph, Judge.) (T.R. Ramachandran Nair, Judge.) ms