IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 2017 of 2009(M) --------------------------------------- OS.210/2000 of SUB COURT,THALASSERY .................... PETITIONER(S): -------------------------- K. SUDHAKARAN, S/O. RAMUNNI, MEMBER, KERALA LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM, RESIDING AT LAL VIHAR, EDAKKAD, AMSOM.P.O, KUZHUNNA, KANNUR DISTRICT. BY ADVS.MR.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. MR. ARUNKUMAR SINHA I.P.S (SENIOR), DEPUTY INSPECTOR OF POLICE, ERNAKULAM,KOCHI. 3. MR. ARUNKUMAR SINHA IPS (JUNIOR) CITY POLICE COMMISSIONER THIRUVANANTHAPURAM. 4. MR. VALSAN, CIRCLE INSPECTOR OF POLICE, THALASSERY POLICE STATION, THALASSERY. 5. MR. BHASKARAN, ASST. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, THALASSERY. 6. MR.S.P. CHALY, DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2017/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 16.11.06 IN WPC. 25805/03. P2:- COPY OF THE JUDGMENT DTD. 4.12.07 IN WPC. 35814/07. P3:- COPY OF THE JUDGMENT DTD. 4.11.08 IN WPC. NO.32076/08. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.2017 OF 2009 -------------------------- Dated this the 4th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the Hob'ble Sub Court, Thalassery to summon the documents in Crl.M.C 2081/1997 in the District and Sessions Court, Thiruvananthapuram. ii) Stay all further proceedings in O.S No. 210/2000 on the file of the Hon'ble Sub Court, Thalassery, till the documents in Crl.M.C No.2081/1997 in the District and Sessions Court, Thiruvananthapuram, reach before the Hon'b;e Sub Court, Thalassery. W.P.(C).No.2017 OF 2009 Page numbers iii) To grant such other appropriate relief to the petitioner as this Hon'ble Court may deem fit and proper in the interest of justice. 2. This is the 4th writ petition filed by the petitioner in relation to his attempts to summon some records of a case to substantiate the damages claimed in a suit filed before the Sub Court, Thalassery. Compensation was claimed alleging that his arrest by police was illegal and to prove such claim, petitioner sought for the records in Crl.M.C No.2081/1997 on the file of the District and Sessions Court, Thiruvananthapuram. The learned Sub Judge dismissing that application, petitioner approached this court and filed writ petition No.25805/2003. That writ petition was disposed by judgment dated 16/11/2006 quashing the order of the Sub Judge and directing that court to W.P.(C).No.2017 OF 2009 Page numbers call for the records and dispose the suits expeditiously. By that time the records of the above Crl.M.C were called for by this court for enquiry in connection with some pending case awaiting consideration. The case of the petitioner was included in the special list for trial by the Sub Court, Thalassery, and again the petitioner approached this court and filed writ petition No. 305/2007 to defer the trial of the case. The writ petition was disposed by judgment dated 04/12/2007 directing the Sub Judge to defer the trial of the case to give some time to the writ petition to summon the records in the Crl.M.C after the disposal of the proceedings before this court in relation to the Crl.M.C. However, the case was again listed for trial before collecting the records in the Crl.M.C and thereupon the petitioner approached this court and filed writ petition No.32076/2008 to defer the trial till the records W.P.(C).No.2017 OF 2009 Page numbers are summoned and received. This court disposed of that writ petition by judgment dated 04/11/2008 observing that it is open to the petitioner to file a petition before the Sub Court stating the facts and circumstances seeking for deferment of the trial and that he can also apply for certified copies of the records in the Crl.M.C. Pursuant thereto the petitioner filed an application before the Sub Court to summon the records. The case has been again included for final disposal is the grievance canvassed in the present writ petition seeking the afore mentioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. I heard the learned counsel for the petitioner and also the Government Pleader. The records of the Crl.M.C which were sought for had been sent over to the apex court in connection with W.P.(C).No.2017 OF 2009 Page numbers the proceedings initiated by the present petitioner to quash the F.I.R of the crime registered against him. After disposal of that proceedings it is now reported that the records have been sent back through this court to the Sessions Court, Thiruvananthapuram. That being so, there is no difficulty for the Sub Court, Thalassery to call for that records as directed in the judgment dated 16/11/006 in writ petition No.25805/2003. Needless to point out that the court below has to comply with the direction / order issued in that judgment before listing the case for trial. The court below shall comply with the direction before proceeding with the trial of the case. Subject to the above observations, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv