IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23258 of 2010(F) ------------------------------------- PETITIONER(S): --------------------- SHINE MUHAMMED, PROPRIETOR, M/S.PARIS GREEN APPARELS, MUVATTUPUZHA, RESIDING AT CHITTETHUKUDY HOUSE, IROORPADAM.P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.SALIM V.S. RESPONDENT(S): ------------------------ 1. C.I OF POLICE, MUVATTUPUZHA, PIN-686 661. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. BY ADDL. D.G.P.SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.23258 of 2010-F ---------------------------------------------- Dated, this the 27th day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “i. to issue a writ of mandamus or such other order or direction commanding the Ist respondent not to harass the petitioner and not to obstruct the functioning of his business unit M/s.Paris Green Apparels, Muvattupuzha. ii. to issue a writ of mandamus or such other order or direction commanding the 2nd respondent to take necessary departmental action against the Ist respondent for his illegal action towards the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is doing business of manufacturing of all types of textile garments and clothing. On 9.7.2010 the Ist respondent summoned the petitioner to his office. He appeared and he was questioned in connection with crime 704/10 of Muvattupuzha police station. He was again called and the Ist respondent shouted at the petitioner and after WPC 23258/2010 -2- interrogation he was sent away. On 16.7.2010 the Ist respondent asked the petitioner to put the shutter down and to stop the functioning of the unit and his business unit was forcibly closed by the Ist respondent. Thereafter the petitioner approached the Ist respondent on different dates and he was denied permission to open and functioning of the unit. Petitioner has approached the Secretary of the Panchayat. He has filed Ext.P3 complaint. 3. The learned Additional Director General of Prosecution would appear and submit as follows: Crime No.705/2010 has been registered against the petitioner under Section 143, 147, 283 read with 149 IPC. It is further submitted by him that the Ist respondent has not ordered closing down of the shop. He also submits that the petitioner is suspected of involvement in crime No.704/2010 under Section 326 and 307 of IPC and Section 3 of the Explosives Substances Act. He would submit that petitioner is absconding and he himself has closed down the shop. He would submit that there will be no harassment. We record the said submission and we leave it free to the first WPC 23258/2010 -3- respondent to investigate crime No.705/2010 and also crime No.704/2010 in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS