IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 37904 of 2008(K) -------------------------------------- PETITIONER(S): ---------------------- SHOUKATH A., SHEEBA MANZIL, KULAPPADAM NEDUMPANA P.O. KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE KOLLAM 691001. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE CHATHANNOOR P.O. KOLLAM 691572. 4. SHEREEF, SUB INSPECTOR OF POLICE KOTTIYAM POLICE STATION, KOTTIYAM P.O. KOLLAM 691302. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.37904 of 2008-K ---------------------------------------------- Dated, this the 8th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “i. to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 and 2 to take necessary action against the 4th respondent for harassing the petitioner and his family for having given a complaint against him before the Director General of Police and the Human Rights Commission when he manhandled the petitioner on 7.8.2007; and ii. for a direction to the 4th respondent not to harass the petitioner and his family unnecessarily.” 2. Briefly put, the case of the petitioner is as follows:-- The 4th respondent who was working as the Sub Inspector of Police, Chathannur manhandled the petitioner and that the petitioner has given a complaint before the Minister for Home (Ext.P1) and Director General of Police and the Human Rights Commission. Ext.P2 is the notice issued to the petitioner by the Human Rights Commission. Ext.P3 is WPC 37904/2008 -2- another petition filed by the petition before the 2nd respondent on the basis of the events which took place on 5.12.2007. Ext.P4 is the judgment in W.P.(C) No.37430/2007 filed by the petitioner. It is stated that the 4th respondent has been transferred from Chathannoor police station to nearby Kottiyam police station and he continues to harass the petitioner and his family. 3. A statement has been filed by the Sub Inspector of Police, Kottiyam police station wherein it is inter alia stated as follows:- “1. The above writ petition has been filed by the petitioner against the harassment of the police towards the petitioner and his family. The petitioner is engaged in the business of sale of animal skin and also operating a stage carriage bus bearing Registration No.KL 2 AB 3146 through Kollam Anchal route. On 7.8.07 the then S.I of Police received a telephone call that three persons including the petitioner are creating public nuisance in Puthenkada Junction. So the police party reached there and on seeing the affray and also uttering obscene languages, a petty case has been registered U/s.290 IPC against them. 2. It is submitted that on 5.12.07 a petition also received in Chathannoor Police Station that one Suresh and two others came to the house of the petitioner and WPC 37904/2008 -3- threatened his wife and committed theft of mobile phone and a sum of Rs.50,000/-. For the said incident a crime was registered at Chathannoor Police Station as Crime No.2/2008 U/s. 452, 379, 506 (2) R/w 34 IPC. But on investigation it was found that the said case was false and therefore a refer charge sheet submitted before the concerned Court. The allegation that the mobile phone and money recovered from the accused by the then S.I of Chathannoor is false. 3. It is submitted that on 28.11.08 an intimation was received in the police station that one Arun was manhandled by four identifiable persons at Mukhathala and he was admitted at Holy Cross hospital Kottiyam based on the statement of the injured a crime was registered as Crime No.934/08 U/s.283, 294 (b), 323 and 34 IPC and the first accused in the above case is the son of the petitioner and after conducting investigation final report submitted before the Judicial First Class Magistarate-II, Kollam. The allegation that the police is frequently checking the stage carriage of the petitioner is also false and the same has stated without any basis. The police has not harassed the petitioner unnecessarily and the police is discharging their lawful duties as part of their investigation and also for maintaining law and order in the station limit.” 3. We heard the learned counsel for the petitioner and learned Government Pleader. Learned Government Pleader submits that there will be no harassment by the 4th WPC 37904/2008 -4- respondent. We record the same and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS