IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 8155 of 2010(T) ------------------------- PETITIONER(S): --------------- KATTIRI MOIDEEN KUTTY HAJI. S/O.KAMMINI, AGED 52, RESIDING AT KUMANNA, P.O.,OLAKARA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAUPRAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM,MALAPPURAM DISTRICT. 3. SUPERINTENDENT OF POLICE, MALAPPURAM, MALAPPURAM DIST. 4. N.V.ABDUL KHADER, THE CIRCLE INSPECTOR OF POLICE, THIRURANGADI CIRCLE OFFICE, TIRURANGADI, MALAPPURAM DIST. 5. THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATON, THENHIPALAM, MALAPPURAM DISTRICT. ADV. SMT.C.G.PREETHA, ADV.COMMNR. GOVERNMENT PLEADER SRI.T.K.VIPIN DAS FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.8155 OF 2010 ------------------------ Dated this the 30th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been instituted seeking direction against what is described as harassment by a particular police officer then Circle Inspector having jurisdiction. This court deputed a commissioner to file a report which will show prima facie that accusations were not totally frivolous. However, we are of the view that as the officer (the Circle Inspector) has already been transferred to some other office, the cause of action on the basis of which the present writ petition is filed does not survive. We close this writ petition on that basis. However, we make it clear that in case the cause of action recurs, it will be open to the petitioner to move this court again. We make it further clear that this judgment will not stand in the way of the petitioner claiming damages, if so advised, for the loss occasioned to him on account of any illegality perpetrated by the officer who is already transferred. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk