IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WA.No. 1504 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.24702/2011 Dated 22/09/2011 .................... APPELLANT/SEVENTH RESPONDENT -------------------------------- VICTOR CLEETUS,S/O.PATHROSE, VIJO VILASOM,MULAVANA PO, KANJIRACODE, KUNDARA,KOLLAM 691 503. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS/PETITIONER & RESPONDENTS --------------------------------------- 1. LAL KUMAR,S/O.KARUTHA KUNJU,THEKKEVILA VEEDU,MULAVANA PO, KUNDARA, KOLLAM DISTRICT 691503 2. STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTES, VAZHUTHACAUD,THIRUVANANTHAPURAM,PIN 695 012. 3. THE CITY POLICE COMMISSIONER, KOLLAM CITY,KOLLAM,PIN 691 001. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT,OFFICE OF POLICE OF THE SUPERINTENDENT OF POLICE,KOTTARAKKARA RURAL, KOTTARAKKARA PO, KOLLAM,PIN 691 506. 5. BERNARD DEV,DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH,HURT & HOMICIDE WING,ASRAMAM, KOLLAM 691 002. 6. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION,KUNDARA PO, KOLLAM,PIN 691 501. ADV. SRI.B.MOHANLAL FOR R1 SR.G.P. SMT.MEERA FOR R2,3,4 & 6 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE A1: TRUE COPY OF OFFICE NOTE ALONG WITH COVERING LETTER AND THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, KOLLAM RURAL, KOTTARAKKARA TO THE APPELLANT VIDE LETTER NO.G3(c)-7636/2011/QR DT.19.8.2011. ANNEXURE A2: TRUE COPY OF LETTER NO.G3(c)11259/11/QR DT.29.9.2011 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION), DISTRICT POLICE OFFICE, KOLLAM RURAL, KOTTARAKKARA ALONG WITH THE ENQUIRY REPORT. ANNEXURE A3: TRUE COPY OF ORDER NO.239 CAMP/IGP-TR/2011 DT.3.8.2011 ISSUED BY THE INSPECTOR GENERAL OF POLICE, TRIVANDRUM RANGE. ANNEXURE A4: TRUE COPY OF ORDER DT.G3(b)/4760/2011 QR DT.6.8.2011 ISSUED BY THE DISTRICT POLICE CHIEF, KOLLAM. ANNEXURE A5: TRUE COPY OF REPRESENTATION DT.18.8.2011 SUBMITTED BY THE APPELLANT BEFORE R1. ANNEXURE A6: TRUE COPY OF ORDER NO.D5/75453/2011 DT.22.8.2011 ISSUED BY R2. ANNEXURE A7: TRUE COPY OF PHQ ORDER NO.D5/75453/2011 DT.20.9.2011 ISSUED BY R2. ANNEXURE A8: TRUE COPY OF ORDER NO.D1/4760/2011-QR DT.27.9.2011 ISSUED BY THE DISTRICT POLICE CHIEF, KOLLAM RURAL. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1504 of 2011 .................................................................... Dated this the 14th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Heard counsel for the appellant and counsel who appeared for the petitioner in the W.P.(C) before the learned Single Judge. On going through the judgment, we do not think the appellant can have any grievance in the judgment because the Single Judge accepted the statement of the Government Pleader that a Special Team will be constituted for investigation under the Rural Superintendent of Police wherein none of the members related or in any way connected with the case of the petitioner or the first respondent will be included. If either party has a case that the new team constituted is not in accordance with the statement of the Government Pleader recorded by this court, it is for the party to inform the S.P. and the reason why such person is 2 connected or interested, for the Superintendent of Police to change him from the team. Writ Appeal is disposed of with direction to the S.P. to honour the commitment given in Court by the Government Pleader. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms