IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 38158 of 2010(T) ---------------------------------------- PETITIONER(S): ----------------------- SALIM.M.A,S/O.MOHAMMED KUNJU,SALIM MANZIL,MULLIKKAL,MEMBER WARD NO.9, THEVALAKKARA GRAMA PANCHAYAT,KOLLAM DISTRICT. BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.MOHAMMED SADIQUE.T.A SRI.T.A.MOHAMMED SANOOJ RESPONDENT(S): -------------------------- STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY GOVERNMENT PLEADER SRI.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.38158/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(RT)NO.2914/05/HOME DATED 24/11/2005. P2 COPY OF THE G.O.(RT)NO.2763/2010/HOME DATED 03/09/2010. P3 COPY OF THE REPORTED DURING 2009 AND 2010 T THEVALAKKARA AND THEKKUMBHAGAM PANCHAYAT ISSUED BY S.I. OF POLICE, THEKKUMBHAGAM POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 38158 of 2010 -------------------------- Dated this the 23rd February, 2011 J U D G M E N T Petitioner has approached this Court seeking for a direction to be issued to the respondent to implement Ext.P2 G.O forthwith. 2. The grievance involved is with regard to the callous inaction in shifting the police station which is functioning in a rented dilapidated building in Chavara Thekkumbhagam Panchayat. In fact, it was ordered to be shifted by the Government, as per order dated 8.11.2005 to the Government- owned newly constructed building in Thevalakkara Grama Panchayat. Despite the fact that the notification specifically mentioned that it was to come into force with effect, it did not come through, and in the meanwhile, the Government issued Ext.P1 order on 24.11.2005 rescinding the earlier notification. Subsequently, the Government constructed the police station building in the land given by the Thevalakkara Grama Panchayat free of cost. Pursuant to the further steps taken by all concerned including the local W.P (C) No. 38158 of 2010 2 authorities, the Government issued Ext.P2 G.O (Rt) No.2763/2010/Home dated 03/09/2010, which reads as follows: "Under clause (s) of Section 2 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and in supersession of the notification issued as G.O (Rt) No.3326/99/Home dated 22nd June, 1999 and published as S.R.O No.544/99 in the Kerala Gazette Extraordinary No.1246 dated 24th June, 1999 the Government of Kerala hereby declare that Building No.431 in Ward No.10 (Koivila Ward of Thevalakkara Panchayat, Karunagappally Taluk, Kollam District shall be a Police Station known as "Chavara Thekkumbhagam Police Station." 3. The case of the petitioner is that, in spite of passing the said Government Order on 3.9.2010, the matter stands as it is and Ext.P2 Government Order is still to be implemented, which is sought to be acted upon through the intervention of this Court. 4. Heard the learned Government Pleader as well. 5. Going by the contents of Ext.P2, giving effect to the same from the date of the notification ie. from 3rd September 2010, this Court does not find any reason why the same is not implemented so far. W.P (C) No. 38158 of 2010 3 6. The learned counsel for the petitioner submits that Ext.P2 is not given effect to, because of some extraneous considerations at the instance of persons with vested interests. However, this Court does not find it necessary to consider any such contention, for the plain reason that there is no case for the respondent Government that Ext.P2 Government Order is no more in existence or that the same has been varied or modified in any manner. 7. In the above circumstances, the respondent is directed to implement Ext.P2 and take all consequential steps to see that the concerned police station starts functioning in the particular building as stated in Ext.P2 forthwith, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is allowed. No costs. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 38158 of 2010 4