IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36117 of 2009(S) ------------------------------------ PETITIONERS: --------------------- 1. M.MOIDU HAJI, AANANDI HOUSE, CHEROTH MAHAL, KALLACHI, KOZHIKODE DISTRICT. 2. POCKER HAJI THARAKKANDY, THARAKKANDY HOUSE, KALLACHI, KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ---------------------- 1. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ADDITIONAL CHIEF SECRETARY, HOME AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36117 OF 2009-S APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE GOVERNMENT EXT.P2 TRUE COPY OF THE LETTER SENT BY THE HOME DEPARTMENT TO THE 1ST PETITIONER DATED 21.11.2009. / TRUE COPY / S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.36117 of 2009 ------------------------------------------ Dated this the 21st day of December, 2009 JUDGMENT A.K. Basheer, J. Petitioners are stated to be President and Vice President respectively of the Indian Union Muslim League, Kallachi Unit. They are aggrieved by the alleged partisan attitude of the police towards the workers of the political party to which they belong. They allege that their party workers were targeted by the police in the recent group clashes that took place in and around Nadapuram and Kallachi area between the workers belonging to their party and the Communist Party of India (Marxist). They pray for issue of a writ of mandamus or such other appropriate writ, order or direction to respondents 2 and 3 to institute a judicial enquiry into the incidents that happened in October, 2009 in the two areas mentioned above. 2. When this writ petition came up for consideration before us on the last occasion, we directed the learned Government Pleader to get instructions and inform us the views of the Government in the matter. W.P.(C) No.36117 of 2009 - 2 - 3. A statement has been filed by the Superintendent of Police, Kozhikode Rural. The officer has tried to explain the action taken by the police force to restore normalcy in the area. He has also referred to the various crimes registered against the culprits involved in the incidents. 4. But surprisingly, the Chief Secretary of the State Government has not come out with any decision, if any, taken at the highest level as regards the prayer for a judicial enquiry. However, learned Advocate General submits that the Government is of the view that no judicial enquiry is warranted in the matter. We leave it to the wisdom of the Government. Hence we do not find any reason to exercise our discretionary jurisdiction under Article 226 of the Constitution of India and issue a direction to the Government to institute a judicial enquiry. The writ petition is closed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns