IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 9655 of 2004(Y) ------------------------------------- PETITIONER: ------------------- PODIYAMMA, AGED 45, D/O. IRUPUZHIKKAL MATHAI, MEENKUZHITHADATHIL, CHITTAR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR), ADV. SRI.RENJITH B.MARAR. RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, COLLECTORATE, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR DISTRICT. 4. THE HOME SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.9655 of 2004 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) To issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents to conduct a detailed investigation into the death of late John in suspicious circumstances at the Moolamcode Divine Retreat Centre near Pattikad in Thrissur district and submit a report before this Hon'ble court concerning the same. (2) In the alternative to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 4th respondent to constitute a separate body to conduct investigation or direct the handing over of the investigation to the crime branch department concerning the death of late John in suspicious circumstances as mentioned above” In view of the decision of the Supreme Court in Sakiri Vasu v. State of U.P. and Others (2008(2) KHC 13), it is for the petitioner to approach the Magistrate of competent jurisdiction, in which case, the investigation can be continued under the supervision of the said court. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.9655 of 2004 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.