High Court of KeralaWP(C)/11110/2015dismissed

Narayanan Devarajan v. Rajendran

2015-04-06Honourable 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 MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 11110 of 2015 (K) ---------------------------- PETITIONER(S):

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1. NARAYANAN DEVARAJAN AGED 64 YEARS S/O.NARAYANAN, ERUMATHADATHIL HOUSE MUTTATHUKONAM PO CHENNERKKARA VILLAGE KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

2. RATHEESH KUMAR, S/O.DEVARAJAN AGED 29 YEARS ERUMATHADATHIL HOUSE MUTTATHUKONAM PO CHENNERKKARA VILLAGE KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

BY ADV. SMT.INDU SUSAN JACOB RESPONDENT(S):

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1. RAJENDRAN, S/O.NARAYANAN ERUMATHADATHIL HOUSE, SUBI BHAVAN MUTTATHUKONAM P.O CHENNERKKARA VILLAGE KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. 689 641.

2. SUBI S. RAJ, S/O.RAJENDRAN ERUMATHADATHIL HOUSE, SUBI BHAVAN MUTTATHUKONAM P.O CHENNERKKARA VILLAGE KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. 689 641.

3. REVENUE DIVISIONAL OFFICER ADOOR - 691 525.

4. DIRECTOR GENERAL OF POLICE KERALA POLICE HEAD QUARTERS, TRIVANDRUM. 695 010.

5. DISTRICT POLICE CHIEF PATHANAMTHITTA. 689 645

6. MR. SANTHOSH KUMAR DYSP, PATHANAMTHITTA. 689 645

7. MR. THAJUDHEEN HEAD CONSTABLE, PATHANAMTHITTA PATHANAMTHITTA POLICE STATION. 689 645 R3 TO R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11110 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1 - A TRUE COPY OF THE COMPLAINT MADE BY THE 2ND RESPONDENT TO THE DIRECTOR GENERAL OF SIGNALS MINISTRY OF DEFENCE. EXT.P2 - A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN "THE HINDU" ON DATED JANURY 2ND, 2015 EXT.P3 -A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 2ND PETITIONER'S BROTHER FROM THE OFFICE OF THE 4TH RESPONDENT. EXT.P4 - A TRUE COPY OF THE REPRESENTATION GIVEN BY THE 2ND PETITIONER TO THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.11110 of 2015 ---------------------------------------------- Dated this the 6th April, 2015

JUDGMENT

Shaffique, J.

The petitioners have approached this Court alleging harassment by the Police. It is inter alia stated that an attempt has been made by respondents 6 and 7 to implicate the petitioners in a proceedings under Section 107 of the Code of Criminal Procedure and to include the petitioners in the rowdy list. It is stated that respondents 6 and 7 Police officers are misusing their power and harassing the petitioners.

2. If the petitioners are proceeded under Section 107 Cr.P.C, it is always open for the petitioners to challenge the said proceedings in accordance with the procedure prescribed. This Court cannot interfere with the said proceedings at this stage. The allegation is about the harassment by the Police. If there is any police

WP(C).11110/15 interference in any activities as alleged by the petitioners, the petitioners' remedy is to approach the competent authority by filing necessary complaint, which the petitioner has already done by way of Exhibit P4. Under such circumstances, we do not think that it is necessary to issue any direction as prayed for in the Writ Petition. Accordingly, the same is dismissed with liberty to the petitioners to approach the competent authority in accordance with law.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs6/4/15