IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 2804 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ K.A.THOMAS, AGED 60 YEARS, S/O.ABRAHAM, KANNANETHU BABU VILLA, PUTHENPEEDIKA MURI, OMALLUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): -------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN- 689 645 2. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA.PIN- 689 645 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM.PIN- 695 001 4. THE VILLAGE OFFICER, PATHANAMTHITTA.689 645 5. AJAYAKUMAR @ AJAYAN VETTIPURAM S/O.RAGHAVAN PILLAI, AJAYA NIVAS, MELEVETTIPRAM MURI, PATHANAMTHITTA VILLAGE PATHANAMTHITTA DISTRICT.PIN- 689 645 R1 TO R4 BY PUBLIC PROECUTOR SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.2804 of 2011 --------------------------------------- Dated this 23rd day of February, 2011 JUDGMENT Petitioner seeks a direction to the second respondent to look into Ext.P2, complaint to conduct investigation in an effective and legal manner and for other reliefs. Petitioner preferred Ext.P2, complaint dated 27.05.2010 to the Dy.S.P (Administration), Pathanamthitta where it is stated that in about 50 cents belonging to one K.A.Thomas and situated on the side of Pathanamthitta-Thoniamala road a group of people under the leadership and direction of one Ajayan Vettipuram (5th respondent) has dumped waste materials in violation of the relevant laws and the order of the Munsiff. Petitioner in Ext.P2 requested a direction from the Dy.S.P to remove the waste materials from the said property. It is submitted that Ext.P4, complaint was preferred before the Director of Vigilance. Grievance of petitioner is that inspite of Exts.P2 and P4, no case has been registered and no investigation was conducted. Learned Public Prosecutor submitted that so far as Ext.P2 is concerned, necessary enquiry was conducted by the Sub Inspector which revealed that no offence is disclosed and hence no case was registered. W.P(C).No.2804 of 2011 -: 2 :- 2. This Court cannot in exercise of the power under Article 226 of the Constitution direct the police to register a case. It is the power given to the Magistrate under Sec.156(3) of the Code of Criminal Procedure. If petitioner is aggrieved by the stand of police that no offence is disclosed and hence no case could be registered, petitioner has to approach the Magistrate concerned and take appropriate steps as provided under law. With the above observation this petition is disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-