IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27850 of 2008(M) -------------------------- PETITIONER: --------------- H.SULTHAN, PROPRIETOR, SAFEER JEWELLERY CHALAI BAZAR, THIRUVANANTHAPURAM. BY ADV. SRI.VELLAYANI SUNDARA RAJU SMT.P.MEENAKUMARI RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE STATE OF KERALA, THIRUVANANTHAPURAM. 3. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE ASST.COMMSSIONER OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27850/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE HON'BLE HOME MINISTER OF KERALA DT.30.8.2008. EXT.P2: COPY OF G.O.(RT) NO.1371/81/HOME DT.6.6.1981. EXT.P3: COPY OF ORDER IN CMP.NO.11262/96 IN O.P.NO.658/1996-D DT.19.4.1996. EXT.P4: COPY OF NEWS ITEM PUBLISHED IN KERALA KAUMUDHI DAILY DT.25.4.2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No. 27850 OF 2008 ---------------------------------------- Dated this the 22nd day of September, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is running a jewellery. He submits he is being harassed by the police time and again on the basis of alleged confession statements made by the thieves that they have sold gold ornaments to the petitioner. The petitioner points out a recent case in which Tamil Nadu police came along with a criminal who allegedly told the police that he has sold gold ornaments to the petitioner. An identification parade was held, in which a few shop keepers were paraded. But, the thief could not identify the petitioner or his employees. Instead, he identified a medical shop owner. Even then the police demanded that the petitioner should give some gold ornaments to the Tamil Nadu police, otherwise, he will be implicated in other cases. In the above background, the petitioner moved the Home Minister by filing a representation on 30.8.2008. He submits the police are acting in violation of Ext.P2 guidelines issued by the W.P.(C) No.27850/2008 2 Government concerning search and seizure of gold and silver merchants. Having regard to the nature of the reliefs sought, we feel that this Court cannot issue any general direction, as prayed for by the petitioner. He has to seek reliefs before the superior police officers and the Government pointing out the particular incidents. Accordingly, this writ petition is closed, without prejudice to the contentions of the petitioner. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps