IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27516 of 2011(L) --------------------------------- PETITIONER(S): ------------------- SUDHEER.S.J,NEERODIPOIKA,KUTHIRAKULAM.PO VEMBAYAM,THIRUVANANTHAPURAM. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.V.SOBHANA SMT.M.G.AISHWARYA RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. INDIAN RED CROSS SOCIETY,KERALA STATE BRANCH,RED CROSS ROAD,GENERAL HOSPITAL JUNCTION, VANCHIYOOR.P.O,THIRUVANANTHAPURAM-695037, REPRESENTED BY ITS ADMINISTRATOR. 3. K.S. SIVARAJAN, D/O. SHANMUGHAN NARAYANAN, T.C.27/286(1), AKASH LANE, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 037. 4. DISTRICT POLICE CHIEF,THIRUVANANTHAPURAM CITY-695001. R1, R4 BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.27516/2011 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE CERTIFICATE NO.757/2010-11 OF THE PETITONER. P2: TRUE COPY OF THE LETTER NO.N.12017/1/09/SS/9462 DATED 2-9-2009. P3: COPY OF THE ORDER IN W.P.(C)19450/2011 DATED 19/8/2011 P4: COPY OF THAT PRESS STATEMENT ISSUED BY THE ADMINSITRATOR DATED 20-2-2010. P5: COPY OF THE COMMUNICATION NO.1RCS/KSB/170/10 DT:15-2-2010. P6: COPY OF THE LETTER NO.1RCS/KSB/142/11 DT:9-3-2011 OF THE 2ND RESPONDENT. P7: COPY OF THE APPLICATION FILED BY THE ONE BALACHANDRAN R.B DATED 6-6-2011. P8: COPY OF THE REPLY NO.IRCS/KSB/167/11 DATED 7-6-2011. P9: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 14-7-2011. P10: COPY OF THE PHOTOGRAPH SHOWING THE BOARD OF THE CAR. P11: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10-10-2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27516 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 18th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner complains that despite having made Ext.P7 application to the fourth respondent alleging that various offences are being committed by the third respondent in the name of the Thiruvananthapuram Branch of the second respondent, the fourth respondent is remaining inactive. A reading of Ext.P11 discloses that, according to the petitioner, the third respondent is committing various offences under the penal law and, therefore, enquiry should be held and necessary action should be taken against him. 2. The Apex court has considered this very question and held in the case of Sakiri Vasu Vs. State of Uttar Pradesh [2008 (1) KLT 724] that in such circumstances, remedy available to the petitioner is to complain before the W.P.(C) No.27516/2011 : 2 : jurisdictional Magistrate and not a writ of Mandamus as sought for in the writ petition. Writ petition fails and accordingly, it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/10 // True Copy // P.A. To Judge