IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 4285 of 2009(I) ------------------------------ (CRIME NO. 49/09 OF VECHOOCHIRA POLICE STATION) PETITIONER(S): --------------- M.MOHANACHANDRAN NAIR, TOP N. NOVAS,KARINKALLUMOOZHI P.O., ERUMELI VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFARIS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE PATHANAMTITTA. 3. THE SUB INSPECTOR OF POLICE, VECHOOCHIRA POLICE STATION. 4. DEPUTY SUPERINTENDNET OF POLICE, CRIME DETACHMENT, PATHANAMTHITTA. 5. SHRI K.N. CHELLAPPAN I.P.S., DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 6. SREEKUMAR, SREEPADAMVEETTIL, ERUMELI PO, ERUMELI KARA, ERUMELI THEKKU VILLAGE. GOVERNMENT PLEADER SRI. AMJAD ALI. ADV. SRI.C.K.VIDYASAGAR FOR R6 SRI.P.CHANDY JOSEPH FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4285 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2009. J U D G M E N T This writ petition is filed with a prayer to direct the first respondent to pass orders to entrust the investigation of Crime Nos.48/2008 and 49/08 of the Vechoochira Police Station to the CBCID, Pathanamthitta Unit or any other unit of the State Police which is not under the administrative control of the 5th respondent. 2. Now the case appears to be that one Sreekumar had obtained an assignment deed of the property and on the basis of the same had attempted to get possession of the property and the complaint has arisen on a petition filed by him under Ext.P1. Ext.P5 is on the basis of a complaint filed by the brother's wife of the petitioner. The crux of the matter is with respect to the property and the fight is on the basis of the same. Learned counsel for the petitioner submits before me a competent Munsiff has held that the W.P.C 4285 OF 2009 -:2:- persons is said to have purchased the property are never in possession of the property and it was in the possession of the persons who had filed Ext.P4 complaint. Now the grievance is regarding the change of investigation ordered by the 5th respondent in the petition. By Ext.P5 order he had transferred the investigation to the Dy.S.P. Crime Detachment, Pathanamthitta. This order was passed on 10.10.2008. Even prior to that as early as on 20.9.2008 a complaint has been filed before the Additional Chief Secretary by the present petitioner to the effect that the 5th respondent is a close associate of the said Sreekumar and if he takes charge it will cause hardship to the complainant therein and therefore he moved Ext.P6 on 20.9.2008 with a request to transfer the case to the Crime Branch or to the Vigilance. The said petition is still pending before the Additional Chief Secretary. So the sum and substance of the grievance is that the present Superintendent of Police is a close associate of the defacto complainant in Ext.P1 and therefore if things progress in his supervision, justice will not be received by the other party and therefore interference is required by higher authorities. W.P.C 4285 OF 2009 -:3:- 3. A perusal of the order of injunction passed by the Court below will substantiate that all is not well with the defacto complainant in Ext.P1 and his case is based under a document. I do not want to elaborate for the reason that the matter is now in the investigation stage. Even before the posting of the 5th respondent as the Superintendent of police at Pathanamthitta the grievance had been ventilated by the present petitioner apprehending that he will not get justice. He had also genuinely moved an application as Ext.P6 on 20.9.08. I feel that appropriate orders have to be passed on Ext.P6 for rendering proper justice to all concerned. Therefore the writ petition is disposed of whereby I direct the first respondent, Home Secretary, to pass appropriate orders on Ext.P6 and till the disposal of Ext.P6 all further proceedings pursuant to Ext.P5 order may be kept in abeyance. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-