IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25265 of 2010(G) --------------------------------------- PETITIONER(S): -------------------- 1. MUJEEB K.A., S/O. ALI BAVA, KUZHIKANDATHIL HOUSE, EDAVANAKKAD P.O., ERNAKULAM. 2. SABEER P.S., S/O. SALAM, PUTHEZHATH HOUSE, EDAVANAKKAD P.O., ERNAKULAM. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 3. THE COMMISSIONER OF POLICE, KOCHI CITY-682031. 4. SUB INSPECTOR OF POLICE, NJARAKKAL-682505. BY ADDITIONAL DGP SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.25265 of 2010-G ---------------------------------------------- Dated, this the 12th day of August, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “a. to issue a writ of mandamus to the 3rd and 4th respondents to release the petitioners' vehicles bearing Regn.No.KL 42/C 4362 and KL 7/AV 3746, as expeditiously as possible. b. to issue a writ of mandamus or any appropriate writ order or direction, directing the respondents not to harass the petitioners on the ground that they are members of the “Popular Front.” c. to issue a writ of mandamus commanding the 2nd respondent to consider and pass orders on Ext.P1 expeditiously.” 2. Briefly put, the case of the petitioners is as follows: The Ist petitioner is the supplier of bakery goods to various bakeries by using his own vehicle. The 2nd petitioner is an auto rickshaw driver by profession. The allegation is that they are being harassed by the 4th respondent on the allegation that they are members of Popular Front. It is stated that the 4th respondent had raided the residence of the petitioners and taken away the vehicles without issuing any receipt. WPC No.25265/2010 -2- 3. Learned Additional Director General of Prosecution, on instructions, submits that petitioners are accused Nos. 2 and 3 in Crime No.901 of 2010 of Njarakkal Police Station for the offences under Sec.153 A read with 34 IPC. It is further submitted that only the auto rikshaw of the 2nd petitioner has been seized as it was used for carrying material. It is submitted that it is open to the petitioner to approach the concerned Magistrate before whom the vehicle will be produced. It is submitted that it will be produced as and when the documents relating to the vehicle are obtained. It is submitted that investigation will be done in accordance with law and there will be no other harassment of the petitioners. We record the same and dispose of the writ petition reserving liberty to the petitioners to approach the competent forum seeking release of the vehicle. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS