High Court of KeralaWP(C)/18595/2015closed

Raji Chandran v. The Sub Inspector Of Police

2015-07-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 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 THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 ---------------------------- PETITIONER :

---------------- RAJI CHANDRAN, AGED 44 YEARS, KULLANGARA PUTHAN PARAMBIL, MUTTAMBALAM VILLAGE, BY ADVS.SRI.E.N.VISHNU NAMBOODIRI SRI.S.P.SURESH KUMAR SRI.P.P.NARAYANAN RESPONDENTS :

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1. THE CIRCLE INSPECTOR OF POLICE, WAST POLICE STATION, KOTTAYAM - 686 001.

2. STATION HOUSE OFFICER, VANITHA CELL, EAST POLICE STATION, KOTTAYAM - 686 001.

3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM - 686 002.

4. THE SUPERINTENDENT OF POLICE, KOTTAYAM - 686 001.

5. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

6. VENUGOPAL MADHAVAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, 'SURABHI' HOUSE, NANGIARKULANGARA P.O., NEAR T.K. MADHAVAN MEMORIAL COLLEGE, HARIPPAD, ALAPPUZHA - 690 513.

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7. MINI MATHEW, TEACHER, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PANTHAMPLAKKAL, MANNANAM P.O., PARAMBUZHA, KOTTAYAM - 686 561.

8. PUSHPA LIJO @ KANCHIRATHUMMOOTTIL SOSAMMA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, VAZHAPPALLI VILLAGE, PUZHAVATH P.O., CHANGANCHERRY TALUK, KOTTAYAM - 686 101.

9. VAVACHAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, DRIVAR OF REVENUE MINISTER, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF REGISTRATION CERTIFICATE OF THE SOCIETY DATED 30.01.2013 WITH ENGLISH TRANSLATION.

EXT.P2 : TRUE COPY OF DOCUMENT DATED 09.11.2012 SAID TO BE A NOTICE EXPELLING TWO OF THE MEMBERS OF CITIZEN'S VIGILANCE COMMITTEE WITH ENGLISH TRANSLATION.

EXT.P3 : TRUE COPY OF CERTIFICATE EVIDENCING THE MARRIAGE ISSUED BY THE SECRETARY OF THE ABOVE TEMPLE DATED 18.12.2011 WITH ENGLISH TRANSLATION.

EXT.P4 : TRUE COPY OF FINAL REPORT UNDER SECTION 173 OF Cr.P.C. FILED ON COMPLETION OF INVESTIGATION IN ONE OF THE FALSE COMPLAINTS FILED BY 7TH RESPONDENT WITH ENGLISH TRANSLATION. EXT.P5 : TRUE COPY OF APPLICATION DATED 19.01.2015 SUBMITTED BY THE PETITIONER WITH ENGLISH TRANSLATION.

EXT.P6 : TRUE COPY OF PETITION FILED BEFORE THE HOME MINISTER OF KERALA DATED 25.02.2013 WITH ENGLISH TRANSLATION. EXT.P7 : TRUE COPY OF PETITION SUBMITTED BEFORE THE NIYAMA SABHA COMMITTEE DATED 18.03.2013 WITH ENGLISH TRANSLATION. EXT.P8 : TRUE COPY OF PETITION SUBMITTED BEFORE SUB INSPECTOR OF POLICE, KOTTAYAM DATED 30.11.2013 WITH ENGLISH TRANSLATION. RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18595 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. The petitioner has filed this writ petition alleging police harassment. A direction has been sought restraining respondents 1 to 5 from harassing the petitioner on the basis of the vexatious complaints filed by respondents 6 to 9. Petitioner's case is that private respondents 6 to 9 have filed several complaints who claimed to be the office bearers of Citizen's Vigilance Committee. It is submitted that on the said complaint, petitioner has been called by respondents 1 to 5. It is further submitted that the petitions filed against respondents by the petitioner have been ignored by respondents 1 to 5.

3. Learned Government Pleader after obtaining instructions submitted that both the petitioner and private respondents have filed several complaints against each other which were enquired into by the police authorities and

WP(C) No. 18595 of 2015 -:2:- most of them have been referred. It is submitted that no action of harassment has been meted out at the hands of police authorities.

In view of the fact that complaints have been filed by private individuals which were enquired into and petitioner's complaints have already been enquired, we see no case of police harassment in this case. With the above observation, the Writ Petition is closed.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/02/07