High Court of KeralaWP(C)/10514/2015dismissed

M.Mahadevan v. State Of Kerala

2015-04-07Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 10514 of 2015 (L) ---------------------------- PETITIONER:

------------------- M.MAHADEVAN AGED 42 YEARS S/O.T.MAHADEVAN, GOMATHY VILLA, NEAR THYCADU PO THYCAUD, THIRUVANANTHAPURAM - 695 014.

BY ADVS.SRI.T.RAVIKUMAR SMT.KAVYA P.PRASAD RESPONDENTS:

----------------------------

1. STATE OF KERALA REP. BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695001.

2. THE CITY POLICE COMMISSIONER THIRUVANANTHAPURAM - 695001.

3. THE ASST. COMMISSIONER OF POLICE OFFICE OF ASST. POLICE COMMISSIONER THIRUVANANTHAPURAM - 695001.

4. THE CIRCLE INSPECTOR OF POLICE MUSEUM POLICE STATION THIRUVANANTHAPURAM CITY 695001.

5. CHANDRAN, NEAR SUBREMANIAN SWAMI TEMPLE KOWDIAR, THIRUVANANTHAPURAM - 695 003

6. SUBASH, NEAR PRESS CLUB ROAD THIRUVANANTHAPURAM - 695 001.

R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10514 of 2015 (L) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- P1- TRUE COPY OF THE JUDGMENT DATED 19.1.2012 P2- TRUE COPY OF THE WIRELES MESSAGE DATED 20.1.2012 P3- TRUE COPY OF THE ORDER DATED 17.12.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ PA TO JUDGE JJJ

ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.10514 of 2015 ---------------------------------------------- Dated this the 7th April, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and the learned Government Pleader.

2. This Writ Petition has been filed by the petitioner alleging police harassment and seeking the following reliefs: "i. To issue a writ in the nature of certiorari directing the police personnel to produce the complaint if any filed by respondents 5 and 6 and quash the same.

ii. To direct the police personnel not to harass the petitioner in violation of the orders of this Hon'ble Court in P1-P3.

iii. To drop all further proceedings which are illegal."

3. The allegations in the Writ Petition in paragraph 6 are against respondents 5 and 6 and in paragraph 7 it has been alleged that a person who claims to be a Police personnel of the police station is approaching the petitioner and threatening him.

4. The learned Government Pleader, after obtaining instruction, submitted that Crime No.778/2014 has been

WP(C).10514/15 registered against the petitioner, in which investigation is going on. He submitted that the petitioner had earlier filed W.P(C). No.21143 of 2014 alleging police harassment and the said Writ Petition was dismissed by this Court on 20.8.2014. The learned Government Pleader further submitted that the petitioner has conveniently concealed the judgment of this Court in W.P(C). No.21143 of 2014 by which the Writ Petition filed by the petitioner alleging police harassment has been dismissed. We have gone through the allegations made in the Writ Petition. We do not find that there is sufficient material to come to the conclusion that there is any police harassment. The investigation by the Police consequent to registration of a crime cannot be held to be any kind of Police harassment. We dismiss the Writ Petition.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs7/4/15