IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 16218 of 2010(O) -------------------------- PETITIONER(S): --------------- 1. CHANDRAVALLY, W/O.PADMANABHAN, AGED 80, MURIKKUMTHARA HOUSE, WARD NO.3, AROOR GRAMA PANCHAYAT, AROOR VILLAGE, AROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. OMANA CHANDRAN, D/O.CHANDRAVALLY, AGED 54, KAITHAVALAPP HOUSE NO.3, AROOR GRAMA PANCHAYAT, AROOR VILLAGE, AROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, AROOR. 4. THE DISTRICT MANAGER, MATSYAFED DISTRICT OFFICE, ALAPPUZHA. 5. USHA, W/O.LATE BABU, AGED 45, MURIKKUMTHARA HOUSE, WARD NO.3, AROOR GRAMA PANCHAYAT, AROOR VILLAGE, AROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. WP(C).No. 16218 of 2010 :2: 6. KANNAN, S/O.LATE BABU, AGED 19, MURIKKUMTHARA HOUSE, WARD NO.3, AROOR GRAMA PANCHAYAT, AROOR VILLAGE, AROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 7. SUNILRAJ, AGED ABOUT 40, KANNAMALY POLICE STATION, ERNAKULAM DISTRICT. 8. GOPALAN, S/O.LATE VELU, AGED 63, MURIKKUMTHARA HOUSE, WARD NO.3, AROOR GRAMA PANCHAYAT, AROOR VILLAGE, AROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 9. RATHEESH VELAYUDHAN, S/O.VELAYUDHAN, AGED ABOUT 32, KAITHAVALAPP HOUSE, SOUTH PARAVOOR P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT. ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED FOR R4 GOVERNMENT PLEADER MR.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.16218 of 2010 -------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T Petitioners, who are the mother and sister of one Babu who was found dead on 5.10.2009, seek a direction against respondent Nos.1 to 3 to conduct an investigation into the death of Babu and prosecute respondent Nos.5 to 9 for the same in accordance with law. 2. I heard the learned counsel for the Petitioners, the learned Public Prosecutor and the learned Counsel for the 4th respondent. 3. Babu was a fisherman. According to the petitioners, they suspect that respondent Nos.5 to 8 had beaten him to death and hanged him to create an impression that it was a case of suicide and they had cut the rope and placed the body on the ground by making the public to believe that Babu died due to heart attack. The corpse of Babu was cremated with undue haste in order to obtain the insurance amount and respondent Nos.7 and 8 assisted respondent Nos.5, 6 and 9 in cremating the dead body hurriedly without informing the police. W.P(C) No.16218 of 2010 : 2 : 4. According to the Sub Inspector of Police, Aroor who has filed a detailed statement, deceased Babu had developed chest pain in the early morning of 5.10.2009 while he was fishing in a country canoe at Vembanadu lake along with the 9th respondent. He was immediately taken to the house and massaged. Hearing the noise, neighbours gathered there and took him to Lakshmi Hospital, Aroor at about 6 AM in a car. The doctor, who examined Babu gave cardiac massage and at about 6.10 AM the doctor pronounced Babu dead due to cardiac failure. The body was brought to his house and cremated at 1 PM under the supervision of the local 'Karayogam leaders'. Dr.K.A.Ranganath was the Medical Officer in Lakshmi Hospital, who had treated the deceased Babu and pronounced him dead. None of the close relatives of Babu had registered any suspicion regarding the death of Babu as now alleged in the petition. Since the death of Babu was a natural cardiac arrest, no crime was registered and no investigation was conducted. W.P(C) No.16218 of 2010 : 3 : 5. If as a matter of fact the petitioners have any suspicion regarding the real cause of death of Babu, their remedy is not to approach this Court under Article 226 of Constitution of India seeking investigation by the police. They can either file a complaint before the police or submit a private compliant before the Magistrate concerned in J.F.C.M Court, Cherthala seeking appropriate reliefs including registration of a crime and investigation into the same or to monitor the investigation and if necessary order further investigation of the case in the light of Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC and Thomas V.C v. Achama Thomas and another 2009 (2) KHC 693. Reserving the above right of the petitioners, this writ petition is dismissed. V.RAMKUMAR, JUDGE dmb