IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 38181 of 2010(W) ---------------------------------------- PETITIONER(S): ---------------------- P.V. NOUFEE1Q, S/O. IBRAHIM, PUTHENVEETIL HOUSE, GATE NO.7, HOUSING COLONY, PONNANI.P.O, MALAPPURAM DISTRICT - 679 577. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDENT OF POLICE, P.O. MALAPPURAM- 676 505. MALAPPURAM DISTRICT 3. THE CIRCLE INSPECTOR OF POLICE, TIRUR CIRCLE OFFICE, TIRUR.P.O, MALAPPURAM - 676 101. 4. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, TIRUR.P.O, MALAPPURAM DISTRICT - 676 101. BY GOVT. PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.38181 OF 2010 ------------------------------------------- Dated this the 3rd day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner says that he is entitled to legitimately transport sand in the course of his trade. He says that he has the necessary licence, however, that during the course of transit of sand lawfully purchased, the vehicles were intercepted, the drivers and cleaners assaulted and vehicles taken into custody with goods. According to the petitioner, later, on making Ext.P4 representation, the Sub Inspector of Police verified the genuineness of the petitioner's claim and ordered release of the vehicles. Learned Government Pleader, on instructions, submits that the vehicles were intercepted on the basis of certain complaint over phone and at that time, the vehicles were parked without being accompanied by any driver and cleaner. The complaint is only as regards the manner in which the petitioner's goods and men are dealt with by the police. The allegation being WPC.38181/10 2 that they were dealt with to some extent otherwise than in accordance with law, such complaint has necessarily to gain the attention of the competent superior police authority. The petitioner would also be entitled to make appropriate complaint to the State Police Complaints Authority. Under such circumstances, we direct the District Superintendent of Police, Malappuram to look into Ext.P6 and if the allegations therein appear to be prima facie correct, he shall forward a report to the State Police Complaint authority. Let this be done within one month from now, without fail. All issues on merits and other remedies of the petitioner are left open. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.5/1.