IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 31773 of 2007(G) --------------------------------------------- CRIME NOS.177/2006 & 188/2006 OF KATTAKKADA POLICE STATION ............ PETITIONER: K.C. RAJAN, PRESIDENT, PEROOKONAM FINANCIAL ENTERPRISES ACTION COUNCIL, RESIDING AT RAJASREE, CHEMKODU, KURUTHAMCODE, KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: 1. DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGADU, THIRUVANANTHAPURAM DIST. 4. SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 5. PADMAKUMAR, S/O. GOVINDAN NAIR, PROPRIETOR, PEROOKONAM FINANCIAL ENTERPRISES, KULATHUMMAL VILLAGE, NEDUMANGADU TALUK, RESIDING AT THUSHARA BHAVAN, KOTTAMPALLY, KANDALA P.O., KATTAKKADA. 6. RESHMA RANI, W/O. PADMAKUMAR, RESIDING AT THUSHARA BHAVAN, KOTTAMPALLY, KANDALA P.O., KATTAKKADA. 7. ARUNIMA, D/O. PADMAKUMAR, DO. DO. 8. POORNIMA, D/O. PADMAKUMAR, DO. DO. 9. V.A. BABURAJ, NEPHEW OF PADMAKUMAR, ADVOCATE, NEDUMANGADU. 10. ANILKUMAR, B/O. PADMAKUMAR, THUSHARA BHAVAN, KOTTAMPALLY, KANDALA P.O., KATTAKKADA. 11. ANILKUMAR, NEPHEW OF PADMAKUMAR, THUSHARA BHAVAN, KOTTAMPALLY, KANDALA P.O., KATTAKKADA. BY GOVT. PLEADER SRI.AMJAD ALI FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 31773/2007 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE FRONT PAGE OF THE PASS BOOK OF SMT.M.INDIRA, A/C NO.03/03 DT. 11.1.03 ISSUED BY PEROORKONAM FINANCIAL ENTERPRISES EXT. P1(a) TRUE COPY OF DO. SMT.C.BABY DO. DT. 17.4.03 DO. EXT. P1(b) DO. DO. OF SMT.PANKAJAKSHY AMMA DO. DT. 3.7.03 DO. EXT. P1(c) DO. DO. OF MISS.V.R.AARYA. DO. DT. 28.7.03 DO. EXT. P2 TRUE COPY OF FIR NO.177/06 DT. 13.5.06 PREPARED BY SI OF POLICE, KATTAKKADA POLICE STATION EXT. P3 TRUE COPY OF FIR NO.37/2006 DT. 25.1.06 PREPARED BY SI OF POLICE, MALAYINKEEZHU POLICE STATION EXT. P4 TRUE COPY OF THE CHARGE SHEET IN FIR NO.37/06 PREPARED BY SI OF POLICE, MALAYINKEEZHU POLICE STATION EXT. P5 TRUE COPY OF PETITION SIGNED BY 360 PERSONS SUBMITTED BEFORE FIRST RESPONDENT EXT. P6 TRUE COPY OF THE INTIMATION ISSUED FROM THE OFFICE OF THE CHIEF MINISTER EXT. P7 TRUE COPY OF THE LIST OF DOCUMENTS PRODUCED BY SI OF POLICE, KATTAKKADA DT. 11.8.06 EXT. P8 TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DAILY DT. 9.8.06 EXT. P9 TRUE COPY OF THE NOTICE PUBLISHED BY THE PEROORKONAM FINANCIAL ENTERPRISES ACTION COUNCIL DT. 29.7.06 EXT. P10 TRUE COPY OF THE CERTIFICATE DT. 3.5.02 ISSUED BY THE TAMIL NADU DR.MGR MEDICAL UNIVERSITY, CHENNAI /TRUE COPY/ M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.31773 of 2007 G -------------------------- JUDGMENT Petitioner, in his capacity as President of Peroorkonam Financial Enterprises Action Council, filed this petition under Article 226 of Constitution of India for a writ of mandamus commanding respondents 1 to 3 to entrust the investigation of Crime Nos.177/2006 and 188/2006 of Kattakkada Police Station with a special team of Crime Branch and to conduct proper investigation. According to the petitioner, due to the influence of fifth respondent, who was running the financial institution by name “Peroorkonam Financial Enterprises”, the case is not properly investigated. 2. Fourth respondent, Sub Inspector of Police, Kattakkada Police Station, filed statement dated 15.1.2008 disclosing that in Crime Nos.177/2006, 188/2006 and 345/2006 final reports were submitted before the court on 10.10.2006, in Crime No.388/2006 final report was submitted on 20.10.2006 and in Crime Nos.389/2006 and 407/2006 final reports were submitted WPC 31773/07 2 before the court on 19.10.2006. It is also pointed out that final reports submitted in Crime Nos.388/2006, 389/2006, 407/2006 were taken cognizance by the learned Magistrate as C.C.Nos.233/2007, 330/2007 and 816/2007 and the final reports submitted in Crime Nos.177/2006, 188/2006 and 345/2006 were returned to cure the defects and after curing the defects they were submitted before the court. Learned Government Pleader submitted that they were also taken cognizance by the learned Magistrate. 3. In such circumstances, no direction could be issued for investigation as sought for. Petitioner is entitled to approach the learned Magistrate for appropriate remedy in accordance with law. Petition is disposed. 27th October, 2009 (M.Sasidharan Nambiar, Judge) tkv