IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 3794 of 2010(Q) -------------------------------------- [SC.NO.745/2007 OF SESSIONS COURT, THALASSERY] .................... PETITIONER: ------------------- HARISH KUMAR,S/O.RAGHAVAN,AGED 46, DRIVER,MOOKAMBIKA,PUNNOL P.O, ACHUKULANGARA,THALASSERY. BY ADV. MR.S.RAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE,KANNUR. 4. PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (CRIME NO.76 OF 1998 OF CHOKLI POLICE STATION). R1 TO R4 BY GOVT. PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.3794 OF 2010 =========================== Dated this the 19th day of March,2010 JUDGMENT This petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing respondents 1 and 3 to appoint a Special Prosecutor to conduct S.C.No.34/2001 and S.C.745/2007 on the file of Sessions Court, Thalasserry contending that Ext.P1 representation was submitted before the Government. 2. Learned Government pleader submitted that undated Ext.P1 petition was received on 17.10.2006 and it was rejected as per order dated 26.3.2007 and the prayer was only to appoint a Special Prosecutor in S.C.34/2001. Learned counsel appearing for the petitioner submitted that petitioner may be granted liberty to challenge that order. Granting W.P.(C)3794/2010 2 liberty to the petitioner to challenge the order, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006