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 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 26413 of 2009(V) -------------------------- PETITIONER(S): --------------- RAJESH K.R., S/O.RAVI, KADATHUKADAVIL, POYYA-KARTHIKAKAVU MALA-THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.HARIHARAN RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKKUDA, THRISSUR DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT. 4. MR.BABY, NOW WORKING AS SUB INSPECTOR OF POLICE, (TRAFFIC) MANNUTHY, THRISSUR DISTRICT. 5. THOMAS MATHEW, S/O.MATHEW, EDAKUDIYIL HOUSE, P.O.VELLIKULANGARA, THRISSUR DISTRICT. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. ADVS. M/S.VARGHESE & JACOB FOR R5 SRI.VIVEK VARGHESE P.J. FOR R5, SRI.P.J.VINOD JOSEPH FOR R5 SRI.NAGARAJ NARAYANAN FOR R4 SRI.SAIJO HASSAN FOR R4, SRI.A.S.SABU FOR R4 SRI.PRATHAP PILLAI FOR R4, SRI.RAFEEK. V.K. FOR R4 R1 TO 3 & 6 BY GOVERNMENT PLEADER SHRI.T.K VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 20.5.09 AGAINST RESPONDENTS 4 AND 5. EXT.P2 TRUE COPY OF NEWS ITEM PUBLISHED IN 'MANGALAM' DAILY ABOUT THE FRAUD COMMITTED BY RESPONDENTS 4 AND 5. EXT.P3 TRUE COPY OF DETAILED REPORT PUBLISHED IN MALAYALAM WEEKLY 'KERALA SABDHAM' EDITION DT. 14.4.09. EXT.P4 TRUE COPY OF ONE SUCH ORDER MADE IN CRL.M.C.532/09 IN CONNECTIOIN WITH CRIME NO.203/09 OF MALA POLICE STATION GRANTED BY THE SESSIONS COURT, THRISSUR ON 20.4.09. EXT.P5 TRUE COPY OF FIR IN CRIME 203/08 OF MALA POLICE STATION REGISTERED AGAINST THE 5TH ACCUSED. EXT.P6 TRUE COPY OF THE FIR IN CRIME NO.532/09 OF CHALAKKUDY POLICE STATIOIN. EXT.P7 TRUE COPY OF FIR IN CRIME 203/09 OF VELLIKULANGARA POLICE STATION AGAINST 5TH RESPONDENT. RESPONDENTS' EXTS: EXT.R3 STATEMENT OF THE PETITIONER. EXT.R5(a) TRUE COPY OF LETTER NO.D1(B) 51224/2001R DT. 29.11.01. EXT.R5(b) TRUE COPY OF REPLY TO EXT.R5(a) BY THE 5TH RESPONDENT TO THE SUPERINTENDENT OF POLICE, THRISSUR DT.3.12.01. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 26413 of 2009 V - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010 JUDGMENT Joseph, J. In this Writ Petition, the petitioner seeks the following reliefs. “i) issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to conduct a detailed enquiry about the illegal activities of the 4th and 5th respondents with reference to Ext.P1 and also evidenced by various activities revealed by Exts.P2 and P3 news items without any further delay; ii) issue a writ of mandamus or any other appropriate writ commanding the 4th respondent not to harass the petitioner and his family members.” W.P.(C).No. 26413 of 2009 2 2. Briefly the case of the petitioner is as follows. Petitioner is a resident of Mala in Trichur district. He decided to construct a building in his land. He started filling the land for construction of the house. The 4th respondent, who was working as the Sub Inspector of Police at Mala at that time, directed the petitioner to stop filling up of the site. It is stated that the 5th respondent, who is having illegal association with the 4th respondent, has received Rs.10,000/- from the petitioner. Apart from that, the 5th respondent has borrowed Rs.75,000/- from the petitioner. It is stated that when he insisted for repayment of the amount, the 5th respondent had instigated the 4th respondent to harass the petitioner and his family members. The petitioner's wife was also harassed by the respondents. Petitioner filed Ext.P1 complaint before the first respondent. 3. Counter affidavit and statement have been filed. 4. The learned Government Pleader would submit that at present there is no harassment. It is true that the petitioner had filed Ext.P1, in which the prayer sought for is a detailed enquiry by the D.G.P. W.P.(C).No. 26413 of 2009 3 We record the submission of the learned Government Pleader that at present there is no harassment to the petitioner. In regard to the complaints against respondents 4 and 5, we relegate the petitioner to pursue his remedy before the police complaint authorities. We make it clear that the petitioner can approach any forum for redressal of his grievances. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm