IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 39693 of 2003(A) -------------------------- PETITIONER(S): --------------- DIVAKARAN NAIR, AGED 54 YEARS, S/O.KUNHCU NAIR, KOLLAKAYIL, VALLIKUNNAM PANAYATH, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.R.PADMAKUMAR SRI.S.MOHAMMED AL RAFI RESPONDENT(S): 1 ---------------- 1. THE SECRETARY, KERALA HUMAN RIGHT COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP. BY THE CHIEF SECRETRY. 3. THE MANAGER, A.G.R.M.M.HIGHER SECONDARY SCHOOL, VALLIKUNNAM, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER FOR R2 SRI.B.RAGUNATHAN FOR R3 SRI.V.V.MATHEW FOR R3 SRI.G.GOPALAKRISHNA PILLAI FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF FIR IN CRIME NO. 189 OF 2001 OF THE VALLIKUNNAM POLICE STATION. EXT.P2 TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 189/2001 OF THE VALLIKUNNAM POLICE STATION. EXT.P3 PHOTOGRAPHS OF DEEPU PICTURISING HIS PRESENT CONDITION. EXT.P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR. EXT.P5 COPY OF PETITION SUBMITTED TO THE HUMAN RIGHT COMMISSION AS HRMP 1464/02 EXT.P6 REPORT DATED 10.10.2003 IN THE DESABHIMANI DAILY. EXT.P6A REPORT DATED 10.10.2003 IN THE MATHRUBHOOMI DAILY. EXT.P7 COPY OF ORDER DATED 21.6.2003 OF DR. S. BALARAMAN, MEMBER, HUMAN RIGHTS COMMISSION. EXT.P8 TRUE COPY OF MAJORITY ORDER DATED 14.8.2003 OF THE HUMAN RIGHT COMMISSION. EXT.P9 COPY OF DEATH CERTIFICATE NO. 2576 ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 39693 OF 2003 -------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT Since the petitioner has filed suit for damages, W.P.C. is not maintainable as already another remedy is pursued before the Sub Court, Mavelikkara which is directed to dispose of the suit, O.S.No. 264 of 2007 within a period of six months from the date of production of a copy of this judgment by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 2