IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 2530 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ M.L.JOY, PROPRIETOR GINOY ENTERPRISES, I/884 B, PAYYAPPILLY MOOLA, P.O.PUTHUR, THRISSUR DISTRICT. BY ADV. SRI.K.V.RAMABHADRAN RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, POLICE STATION, KASABHA, PALAKKAD - 678 001, IN CRIME NO.33/2001. 2. DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD. 678 001. 3. SUPERINTENDENT OF POLICE, THRISSUR. 680 001. 4. DEPUTY SUPERINTENDENT OF POLICE, THRISSUR. 680 001. *ADDL.R5 IMPLEADED: R5. DY. CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI, PIN - 682 037. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 2/2/2011) R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS ADDL.R5 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2530/2011 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION UNDER KERALA VALUE ADDED ACT DTD. 4/06/2007. P2: COPY OF THE RENEWAL RECEIPT DTD. 24/04/2010. P3: COPY OF THE INVOICE DTD. 18/01/2011. P3(A): COPY OF THE INVOICE DTD. 20/01/2001. P4: COPY OF THE LETTER ISSUED BY DY. CHIEF CONTROLLER OF EXPLOSIVES DTD. 27/03/2009. P5: COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY CENTRAL SALES TAX DEPARTMENT DTD. 12/10/2001. P6: COPY OF THE DISCHARGE CARD ISSUED FROM THRISSUR DISTRICT CO-OPERATIVE HOSPITAL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.2530 OF 2011 ------------------------------------ Dated this the 22nd day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This writ petition is filed seeking a direction to the official respondents to remove the police constables from the house of the petitioner and to remove prohibited substances, if any, found in the house of the petitioner in accordance with the procedure established by law. He also seeks an order that he and his family be not harassed in connection with the registration of Cr.No.33/11 of the Kasba Police station, Palakkad unless there are material circumstances prevailing against him and his involvement in the commission of the crime. We had issued an interim order on 4.2.2011. Following that, it is stated that the materials found in the premises of the WPC.2530/11 2 petitioner have been removed to the premises of the Malabar Cements, according to the learned Government Pleader, and that those materials are being subjected to forensic examination. The police personnel have also been withdrawn from the petitioner's residence. Obviously therefore, relief No.(i) sought for in the petition does not survive for any further consideration. In so far as relief No.(ii) is concerned, a crime case has admittedly been registered. It has to face its natural finality, in accordance with law. We do not express anything on the merits or demerits of that matter either way and it will be too premature to even consider any submissions in relation to the substance; right of the petitioner to store such substance or any defence that he may have against any accusation made or would have made against him. Equally, even as regards release of materials, we are of the view that the petitioner has to take recourse to appropriate statutory remedies before the WPC.2530/11 3 competent authorities in accordance with law. Preserving all such rights of the petitioner and power of the officer to take action in accordance with law, we order this writ petition directing that nothing stated in the interlocutory orders or in this judgment will guide any such proceedings. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.22/2.