IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 OP.No. 5266 of 1999(B) ---------------------- PETITIONER(S): --------------- SIMON DEVASSIA, S/O.DEVASSIA, AGED 32 YEARS THEKKEDATH HOUSE, VAZHAVARA P.O., KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.N.M.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, PAINAVU.P.O., KUYILIMALA. 4. CIRCLE INSPECTOR OF POLICE, KATTAPPANA CIRCLE, KATTAPPANA, IDUKKI DISTRICT. 5. SRI.M.A.GEORGE., EARSTWHILE SUB INSPECTOR OF POLICE OF KATTAPPANA POLICE STATION, PRESENTLY SUB INSPECTOR OF POLICE, SANTHAMPARA POLICE STATION. 6. MR.SASI, ASSISTANT SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA. GOVERNMENT PLEADER SRI.M.R.SABU FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.5266/99 :2: ORDER ON C.M.P.NO.9007/99 IN O.P.NO.5266/1999 DISMISSED 01/12/08 SD/-S.SIRI JAGAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE PHOTOGRAPH OF THE BROKEN DOOR AND WINDOW OF THE PETITIONER'S HOUSE. EXHIBIT P1(a):PHOTOCOPY OF NEWS ITEM PUBLISHED BY THE 'MALAYALA MANORAM' DAILY DT.9.1.99. EXHIBIT P2:PHOTOCOPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED BY MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, NEDUMKANDAM DT.15.1.99. EXHIBITP3:PHOTOCOPY OF THE COMPLAINT MADE BY THE PETITIONER DT.13/1/99. EXHIBIT P3(a):PHOTOCOPY OF THE ACKNOWLEDGEMENT DT.22.1.99. EXHIBIT P3(b):PHOTOCOPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DT.NIL EXHIBIT P4:PHOTOCOPY OF FIR NO.7/99 OF THE KATTAPPANA POLICE STATION DT.8.1.99 EXHIBIT P5:PHOTOCOPY OF SUMMONS BY THE PETITIONER RECEIVED FROM THE 4TH RESPONDENT DT.9.3.99. RESPONDENTS' EXHIBITS EXHIBIT R4(a):TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE. EXHIBIT R5(a):TRUE COPY OF ARREST NOTICE DT.8.1.99. EXHIBIT R5(b):TRUE COPY OF ARREST MEMO. EXHIBIT R5(c):TRUE COPY OF REMAND ORDER DT.9.1.99. EXHIBIT R5(d):TRUE COPY OF PETITION DT.3.1.99. /True Copy/ P.A.TO JUDGE. S.SIRI JAGAN, J. ----------------------------------------------- O.P. No.5266 OF 1999 ----------------------------------------------- Dated this the 1st day of December, 2008 JUDGMENT The petitioner alleges that on account of illegal acts of the respondents 5 and 6 in the course of searching the petitioner's building, the petitioner has suffered physical and mental agony for which he is entitled to get monetary compensation. He also seeks a direction to the respondents 1 to 3 to investigate into the matter of atrocities committed by the respondents 5 & 6 against the petitioner. 2. In the Counter Affidavit filed, it has been specifically stated that the petitioner was an accused in a criminal case and in the course of arresting him he resisted arrest and therefore they had to use force. Whatever that be in order to ascertain whether petitioner had suffered damages on account of any act of respondents 5 and 6and the action of respondents is unjustified giving a cause of action for the petition to claim damages can be decided only after taking evidence which this court cannot ordinarily do under Article 226 of the Constitution of India. 2 Regarding the prayer for investigation the petitioner has to approach the criminal court for appropriate orders. Therefore, I have not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the Original Petition is dismissed. (S.SIRI JAGAN, JUDGE) sks/- 3 S.SIRI JAGAN, J. OP No. 5266 OF 1999 JUDGMENT 1st Decembe