Mathew P.Varghese v. The District Police Chief, Pathanamthitta

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 48 of 2015 (E) ------------------------- PETITIONER(S):

-------------- MATHEW P.VARGHESE AGED 60 YEARS S/O.LATE VARGHESE MALAKKARA PUTHENPARAMBIL HOUSE MUNDAMALA (P.O) PURAMATTOM VILLAGE, MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S):

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1. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA 689 645.

2. THE SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION, KOIPURAM 689 531

3. THOMAS MATHEW, MELETH HOUSE, MUNDAMALA (PO) PURAMATTOM VILLAGE MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT, PIN.689543

4. BIJU MATHEW, MELETH HOUSE, MUNDAMALA (PO) PURAMATTOM VILLAGE MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT, PIN.689543 R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 48 of 2015 (E) ------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 - TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY PURAMATTOM GRAMA PANCHAYATH TOTHE PETITIONER EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 8-12-2014 FILED BY THE PETITIONER BEFORE THE HON'BLE HOME MINISTER, GOVERNMENT OF KERALA THIRUVANANTHAPURAM AND ITS ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 48 of 2015 ---------------------------------------------- Dated this the 6th January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the respondents 3 and 4 in view of the order, which is being passed.

2. By this Writ Petition the petitioner has prayed for a direction to respondents 1 and 2 to take effective legal action against respondents 3 and 4 and their henchmen. The petitioner has referred to Exhibit P2 complaint, which he has submitted against the fourth respondent.

3. A perusal of Exhibit P2 complaint indicates that there are only general allegations and the complaint does not contain any such relevant material on which any proceedings can be initiated.

WP(C).48/15

4. In view of the above, no direction as prayed for is required to be passed. We, however, observe that in the event any offence is committed or attempt to commit offence against the petitioner, it shall be open for the petitioner to file appropriate complaint before the Police authorities.

With the above observation, the Writ Petition is closed.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs6/1/15