IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 34101 of 2008(I) -------------------------- PETITIONER(S): --------------- BROTHER DAVIS S/O.GEORGE, AGED 40, SRAMBIKKAL HOUSE, BINANIPURAM P.O.,EDAYAR 683 205. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM 2. RURAL SUPERINTENDENT OF POLICE ALUVA. 3. TIPSON THOMAS, SI OF POLICE BINANIPURAM, ERNAKULAM AS ON THE DATE OF INCIDENT. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34101/2008-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of January, 2009 J U D G M E N T The apparent relief sought for in this writ petition is for a direction to respondent Nos.1 and 2 to conduct enquiry on the complaint pending against the third respondent in accordance with Kerala Police Departmental Inquiries Punishment and Appeal Rules 1958. 2. The petitioner was conducting a charitable home for orphans and destitutes within the jurisdiction of the third respondent. There were some disputes between the petitioner and one Mr.Titus Joseph, who is a member of the grama panchayat, pursuant to which on 17/11/2006, the petitioner was attacked causing him fracture to both the legs. Crime No.227/2006 was registered in the office of the third respondent in pursuance of the said incident. The petitioner's complaint is that a false case was registered against him also and this compelled him to approach this Court by filing W.P.(C).No.8895/2007 for conducting a proper investigation. The same resulted in Ext.P1 judgment dated 25/05/2007, W.P.(C) No.34101/2008 -:2:- whereby the second respondent was directed to get further investigation conducted under Section 173(8) Code of Criminal Procedure by a competent superior police official not below the rank of a Dy.S.P. It is submitted that thereafter, the third respondent who was the Sub Inspector of Police, started to harass the petitioner. Being aggrieved by the same, he filed Ext.P2, before the respondents, seeking action against him. 3. The petitioner has got an effective remedy to approach the District Police Complaints Authority. If the petitioner files a complaint before the said authority, the same will be considered in accordance with law. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms