Sathyapalan.P.K. v. The Kerala State Honourable Human Rights Commission

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 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16130 of 2015 (M) ---------------------------- PETITIONER(S):

-------------- SATHYAPALAN.P.K. AGED 53 YEARS S/O.MADHAVAN NAIR (LATE), 'KARUVANS'

CHERIYA ARUMBAYIL, P.O.ULLIYERI, KOILANDY (VIA) KOZHIKODE DISTRICT, PIN - 673 620.

BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S)/RESPONDENTS:-:

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

1. THE KERALA STATE HONOURABLE HUMAN RIGHTS COMMISSION THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS REGISTRAR.

2. THE DISTRICT POLICE COMPLAINT AUTHORITY KOZHIKKODE DISTRICT, KOZHIKKODE - 673 001 REPRESENTED BY ITS SECRETARY.

3. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, NANDAVANAM THIRUVANANTHAPURAM - 695 001.

4. SRI.SIVAPRASAD CIRCLE INSPECTOR OF POLICE, CITY TRAFIC KOZHIKKODE CITY, KOZHIKKODE - 673 001.

5. SHEEBA CLERK, CITY POLICE COMMISSIONER'S OFFICE KOZHIKKODE - 673 001.

6. SREE HARI CITY TRAFFIC OFFICE, CITY TRAFFIC KOZHIKKODE - 673 001.

7. THE DISTRICT COLLECTOR KOZHIKKODE - 673 001.

8. THE COMMISSIONER OF POLICE KOZHIKKODE CITY, KOZHIKKODE - 673 001.

9. THE SUPERINTENDENT OF POLICE KOZHIKKODE RURAL, KOZHIKKODE - 673 001.

10. SHRI.RAFEEQUE T.K.

S/O.AMMED KOYA, K.K.HOUSE, P.O.KANNADIPOYIL PANANGAD, BALUSSERY, KOZHIKKODE DISTRICT PIN - 873 612.

R1 to R3 AND R7 TO R9 BY SR.GP SRI.C.R.SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16130 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONGWITH ITS EXHIBITS DATED 15.12.2014.

EXHIBIT P2. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.12.2014 ALONGWITH THE DOCUMENTS ATTACHED THERETO.

EXHIBIT P3. THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER DATED 15.12.2014.

EXHIBIT P4. THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE HON'BLE MINISTER FOR HOME & VIGILANCE DATED 15.12.2014. EXHIBIT P5. THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 15.12.2014.

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

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 16130 of 2015 ---------------------------------------------- Dated this the 1st June, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court alleging harassment by the Police. It is inter alia contended that the petitioner is a stage carriage operator and unnecessarily the vehicle is being detained for reasons best known to the officers.

2. The learned Government Pleader, on instructions, would submit that the petitioner is neither owner of a vehicle nor a permit holder. That apart, different Police officers have registered more than 62970 cases in the year 2014 against the permit holders/owners of different vehicles in the area, which include rash and negligent driving and violation of the provisions of the Motor Vehicles Act and the Rules framed thereunder. The

WP(C).16130/15 petitioner's vehicle is not the only vehicle against which cases have been registered.

Having regard to the aforesaid submissions, we do not think that the petitioner has made out a case of police harassment in this Writ Petition. That apart, the petitioner has no locus standi to file this Writ Petition. The Writ Petition is dismissed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs2/6/15