IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 8523 of 2011(M) ------------------------- PETITIONER(S) :- ----------------------- THARIYAN, AGED 42 YEARS, S/O.POULOSE, CHEERAKATHU HOUSE, NEAR BAKERY PADI, KURUMASSERI KARA, PARAKKADAVU VILLAGE. BY ADV. SRI.RAJIT RESPONDENT(S) :- -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY OF MINISTRY OF HOME SECRETARY, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM – 685 001. 3. SUPERINTENDENT OF POLICE, ERNAKULAM – 682 031. 4. SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, ERNAKULAM – 683 578. PUBLIC PROSECUTOR MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ W.P.(C). No.8523 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 31st day of March 2011 J U D G M E N T Petitioner is running a footwear shop at Kurumasseri Junction. He closed his shop on 17.11.2010 at about 8 PM and went home. Later he was informed that his shop is on fire. He rushed to the spot and found a crowd surrounding the shop. The shop building was on fire. The entire materials in the shop including furniture were gutted in fire causing huge loss to the petitioner. The Chengamanad police registered Crime No.668 of 2010 for the incident. Petitioner states that investigation is not proceeding in the proper line and hence it is requested that investigation may be handed over to a senior officer as may be directed by this Court with direction to the 3rd respondent, the Superintendent of Police, Ernakulam to supervise the investigation. Learned counsel has asserted the averments in the petition and urged the W.P.(C). No.8523 of 2011 -: 2 :- necessity to grant relief as above stated to trace the culprits. Learned Public Prosecutor has submitted that the Sub Inspector inspected the scene of occurrence and with the assistance of scientific experts collected materials from there. Those materials are sent to the Forensic Science Laboratory and report is awaited. In the mean time, the assistance of Electrical Inspector also was obtained to ascertain whether the fire was due to electrical short circuit. The Electrical Inspector has ruled out that possibility. It is stated that the owners of the neighbouring shops were questioned by the police apart from the people who were present at the Junction near the scene of occurrence between 9-11 PM on the day of incident. Learned Public Prosecutor submitted that investigation is proceeding though by now, Investigating Officer was unable to find what exactly was the reason for the fire and who are the persons behind the incident. 2. I must bear in mind that the incident occurred on 17.11.2010 and hardly 31/2 months have elapsed. Investigating Agency must get breathing time to reach at W.P.(C). No.8523 of 2011 -: 3 :- appropriate conclusion. Investigation is proceeding, I do not find reason to interfere at this stage and handover investigation to some other officer or direct the Superintendent of Police, Rural, Aluva to supervise the investigation. Having regard to the grievance of the petitioner, it is directed that investigation being continued by the Sub Inspector of Police, Chengamanad Police Station and shall be supervised by the Circle Inspector having jurisdiction over the area. Orders in that regard shall be issued by the Superintendent of Police (Rural), Aluva within a week from the date of receipt of a copy of this judgment which shall be made available to that Officer by the petitioner. THOMAS P. JOSEPH, JUDGE. Jvt