IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 29982 of 2009(P) -------------------------- PETITIONER(S): --------------- MRS. AMEENA, AGED 48 W/O. LATE K.K.PAREED PILLA, KADVILAN VEETTIL PUTHALATH TEMPLE ROAD, KALAMASSERY ERNAKULAM DISTRICT. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY MINISTRY OF HOME SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, MADHYA MEGHALA KOCHI. 4. COMMISIONER OF POLICE, KOCHI CITY ERNAKULAM. 5. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. BY GOVERNMENT PLEADER T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29982 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE HOME MINISTER AND THE RESPONDENTS 2 TO 4. EXT.P2: TRUE PHOTO COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE OFFICEOF THE 4TH RESPONDENT EVIDENCING RECEIPTS OF THE COMPLAINT. EXT.P2(A): THE POSTAL RECEIPTS ISSUED BY THE POSTAL AUTHORITIES IN RESPECT OF THE COMPLAINT SENT BY THE PETITIONER TO THE HOME MINISTER AND THE RESPONDENTS 2 AND 3. EXT.P3: TRUE PHOTOCOPY OF PAGE NO.3 OF THE NEWS PAPER, MADHYAMAM DAILY DATED 9.10.2009. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.29982 of 2009 ---------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayers: (A) Issue a writ of mandamus directing the respondents 2 to 4 to take appropriate action in Exhibit P1 complaint against the 5th respondent and the other police men who have committed the illegal acts stated in Exhibit P1 complaint in accordance with law, forthwith, (B) Issue a writ or direction or order directing the 5th respondent not to commit any sort of physical assault or harassment to the petitioner and her family other than the due process of law. 2. Learned Government Pleader, on instructions, submits that son of the petitioner, Amjath, is involved in several crimes. The details of the crimes are stated in the affidavit filed by the 5th respondent. It is also stated in the affidavit that the said Amjath himself had called the 5th respondent over telephone and had threatened that he would file a complaint against the 5th respondent for theft. However, the contention of the learned counsel for the petitioner-mother is that the petitioner has no W.P.(C).No.29982 of 2009 :: 2 :: objection in taking action against the accused, but she may not be harassed in the process. Learned Government Pleader submits that there will not be any harassment and the police are discharging their statutory duties and conducting the investigation in accordance with law and the execution of the warrant issued by the Sessions Court. In case, the writ petitioner has no communication from the 4th respondent - Commissioner of Police, Kochi City, on Ext.P1 complaint, the petitioner may produce a copy of this judgment, along with a copy of the counter affidavit and reply affidavit before the Commissioner, in which case,the Commissioner will pass appropriate orders in accordance with law on the complaint and communicate the same to the petitioner. Writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.