IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30073 of 2010(H) ---------------------------------------- (CRIME NO.1194/2007 OF KALAMASSERY POLICE STATION) PETITIONER(S): ------------------------- K.H.AZAD, AGED 45, S/O.V.K.HASAINAR, VALLAEPPALLI HOUSE, V.P.MARAKKAR ROAD, EDAPPILY PO., THRIKKAKKARA VILLAGE, KANAYANOOR TALUK, KOCHI-24. BY ADVS. SRI.C.D.JOHNY, SRI.P.SHAIJAN JOSEPH. RESPONDENT(S): ---------------------------- DETECTIVE INSPECTOR, CBCID SIG II, KALOOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 30073 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, Petitioner states that he is the President of a Jama Ath. He also says that there is an educational institution attached to the place of worship. He says that in connection with a crime, pending investigation at the hands of C.B.C.I.D, the police are flocking the premises of the mosque and this creates a sense of insecurity in the students of the educational institution and also to those who come to the Mosque for worship. 2. Police has necessarily to do their job and that has to be in consonance with the laws governing police action in that regard. If there is any complaint for the petitioner or any other person in connection with this exercise, there is fair room within the Code of Civil Procedure for the petitioner to make such complaint as may be necessary before the jurisdictional Magistrate before WPC.30073/2010. 2 whom the FIR stands listed and also to make complaints before the superior police officers. We therefore close this matter giving the petitioner liberty to seek relief in terms of what is stated above, in case there is a real grievance. The writ petition is ordered accordingly. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.