IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 28039 of 2007(K) -------------------------- PETITIONER: ------------ C.SOMARAJAN, OTTATHENGIL VEEDU, KOLLAKA, (NEAR MANAKKAL THAIKKAVU) KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. MR.KAMARUDHEEN, SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. 3. MR.LATHEEF, POLICE CONSTABLE, KERALA POLICE (GUN MAN OF N.K.PREMACHANDRAN, MINISTER OF WATER RESOURCES), OTTATHENGIL KIZHAKKATHIL (UPPATHIL HOUSE), VADAKKUMTHALA P.O., KARUNAGAPPALLY, KOLLAM. 4. MR.SALAM, POLICE CONSTABLE, A.R.POLICE CAMP, KOLLAM. ADDL. RESPONDENTS: 5. THE CIRCLE INSPECTOR OF POLICE, CHAVARA. 6. THE SUB INSPECTOR OF POLICE CHAVARA. (ADDL. R5 AND R6 ARE IMPLEADED AS PER ORDER DT. 15.11.07 IN IA 15147/07) BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 28039/2007 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.11.2006. EXT.P2 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.11.2006. EXT.P3 - TRUE COPY OF THE JUDGMENT DATED 04/06/2007 IN W.P.(C) NO.16852/2007 PASSED BY THIS HON'BLE COURT. EXT.P4 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.06.2007. EXT.P5 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9.2.2007. EXT.P6 - TRUE COPY OF THE DETAILED COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.9.2007. EXT.P7 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, CHAVARA DATED 26.9.2007. RESPONDENTS' EXTS. EXT.R4(a) – TRUE COPY OF THE MASS PETITION DT. 10.11.2006 SUBMITTED BY THE PEOPLE IN THE LOCALITY AGAINST THE PETITIONER BEFORE THE S.I. OF POLICE, CHAVARA. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 28039 OF 2007-K ----------------------------------------- Dated 23rd January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, alleging that respondents 2 to 4, who are members of the police force, are harassing him. The petitioner is a member of the scheduled caste. He is a washerman by profession. He is living in an area where all other residents belong to Muslim community. So, the members of the majority community there, are harassing him and they have filed false complaints against him before the police. Against the harassment meted out to him by the local people, when the petitioner complained before the police, he was called to the police station and made to wait for the whole day. Apart from that, he was summoned to the police station time and again and instead of giving protection to him, the police officials are trying to harass him. The petitioner has also a complaint that when he was away, the local miscreants trespassed into his house and destroyed all his belongings. They have also Wpc 28039/2007 2 made two persons to reside there in the building taken on rent by him. Though Ext.P7 representation was filed regarding the destruction of his belongings, no action was taken by the Circle Inspector of Police. Therefore, this writ petition is filed, seeking appropriate reliefs. 2. The respondents 3 and 4 have filed a counter affidavit, denying the allegations against them. The learned Government Pleader, upon instructions, submitted that petitions and counter petitions have been received and cases have been registered against both sides. He emphatically denied the allegation of the petitioner that the police officials are harassing the petitioner. It is submitted that the members of the police force will not harass the petitioner they have no intention whatsoever to do that. They wre only investigating into the complaints received against the petitioner. We record the above submission of the learned Government Pleader. 3. If there is any further harassment from the part of the police officials, the petitioner may move the District Police Complaint Authority under the Kerala Police Act, which is headed by a retired District Judge. If the police have not registered any crime even after he has lodged information regarding the commission of a cognizable offence, he may Wpc 28039/2007 3 move the concerned criminal court. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/