IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 27063 of 2009(C) -------------------------- PETITIONER(S): --------------- LENIN, S/O. MOHANAN, S.L.NIVAS, MARUTHAVILAKOM, VAKKOM, KADAKKAVOOR, CHERAYINKIL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LIJU. M.P SRI.A.SABEER RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 3. SIVAPRASAD, POLICE CONSTABLE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 4. ASSISTANT INSPECTOR GENERAL OF POLICE (P.G.), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. ADV. SRI.M.DINESH FOR R3 GOVERNMENT PLEADER SRI.T.K.VIPINDAS-R1,R2 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.27063 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the receipt dated 10.8.2009 issued by the 4th respondent. Ext.P2: True copy of the complaint made by the wife of the petitioner dated 10.8.2009. Ext.P3: True copy of the relevant page of paper cutting dated 11.8.2009 of “Mathrubhumi” Daily newspaper. Ext.P4: True copy of the relevant page of paper cutting dated 11.8.2009 of Malayala Manorama Daily Newspaper. Ext.P5: True copy of the relevant page of paper cutting dated 11.8.2009 of Malayala Manorama Daily Newspaper. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO.27063 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayers:- i) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents 1 to 3 not to harass the petitioner and his family members; ii) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondent No.4 to take necessary actions in Exhibit-P2, at the earliest in accordance with law and to conduct proper enquiry in Crime No.104/09 of Thumba Police Station. 2. It is seen from the counter affidavit filed by the 4th respondent and also the statement filed by the 1st respondent that the petitioner is involved in various crimes under the jurisdiction of various police stations. In case the petitioner has any grievance with regard to the conduct of police, it will be open to the petitioner to approach the Police Complaint Authority. In case the petitioner has any grievance with regard to the conduct of investigation, it is for him to approach the Magistrate of competent jurisdiction. Learned counsel for the W.P.(C) NO.27063 of 2009 2 petitioner submits that only because the petitioner refused to be a party to the illegal relationship of the 3rd respondent, all the troubles have croped up. It is certainly open to the petitioner to point out these aspects also before the Police Complaint Authority in which case the said authority will look into those allegations as well. The learned counsel for the petitioner also submits that the 3rd respondent is misusing his office for harassing the petitioner and members of his family. There will be a direction to the 4th respondent to look into that aspect and take appropriate action on Ext.P2, in accordance with law. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc