IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34928 of 2009(I) -------------------------- PETITIONER(S): --------------- ANANTHAN.T.N, S/O. NEELAN, THUNDIYIL HOUSE, CHERAI.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, MALAPPURAM. 4. MR. SHAJI (FATHERS NAME NOT KNOWN TO THE PETITIONER) CIRCLE INSPECTOR OF POLICE, NILAMBUR CIRCLE, MALAPPURAM DISTRICT. 5. CHERIAN P. ABRAHAM, S/O. ABRAHAM, PRAYATTUKUNNIL, T.K. HOUSE, VKT ROAD, NILAMBUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. T.K. VIPINDAS-R1 RO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 34928 OF 2009 --------------------------------------------- Dated this the 10th day of December, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed mainly with the following prayer: “Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to take immediate action to desist the 4th respondent and his proxies from harassing the petitioner and to ensure that the 4th respondent returns the mobile phones and bag containing valuables of the petitioner back to him which are illegally detained by the 4th respondent at his office.” 2. The learned Government Pleader, on instruction, submits that it was the petitioner who had left the bag containing mobile phones and other materials with the 4th respondent, Circle Inspector of Police. It is always open to the petitioner to go to the office of the 4th respondent and take back his bag. There will be a direction to the Circle Inspector of Police, Nilambur to hand over the bag and the materials therein to the W.P.(C) NO. 34928/2009 2 petitioner after preparing an inventory in the presence of the petitioner. This shall be done immediately on production of a copy of this judgment. Since, the petitioner has filed Ext.P5 complaint before the police complaint authority, it is for him to pursue the same in accordance with law. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 34928/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.34928/2009 JUDGMENT 10th December, 2009 W.P.(C) NO. 34928/2009 4