Kerala High Court
N.Ganapathy Pillai vs State Of Kerala on 5 March, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938
WP(C).No. 24360 of 2016 (S)
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PETITIONER :
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N.GANAPATHY PILLAI
S/O NANU PILLAI, GANESH BHAVAN,
OONINMOODU, BHOOTHAKULAM PO,
PARAVUR, KOLLM-691302.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS :
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1. STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY TO GOVERNEMENT,
HOME AND VIGILANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
SASTHAMANGALAM PO, THIRUVANANTHAPURAM-10.
3. THE DISTRICT POLICE CHIEF,
(CITY POLICE COMMISSIONER, KOLLAM CITY)
POLICE DISTRICT HEADQUARTERS, KOLLAM-691001.
4. THE CIRCLE INSPECTOR OF POLICE,
PARAVOOR, PARAVOOR PO, KOLLAM.691301.
BY SR.GOVERNMENT PLEADER, SRI. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24360 of 2016 (S)
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APPENDIX
PETITIONER'S EXHIBITS ;
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EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 5.3.2013
SUBMITTED BY THE PETITIONER BEFORE THE MINISTER
FOR HOME AND ITS ENGLISH TRANSLATION.
EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.G2-23634/2013/QC
DATED 10.2.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.SI-50432/2013/PHQ
DATED 24.7.2014 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.G2-23634/2013/QC
DATED 25.5.2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.G2/23634/2013 QC
DATED 17.3.2016 ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS :
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NIL
/TRUE COPY/
PA TO JUDGE
Mohan M. Shantanagoudar, C.J. & Sathish Ninan, J.
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W.P.(C) No. 24360 of 2016
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Dated this the 17th day of November, 2016
JUDGMENT
Mohan M. Shantanagoudar, C.J.
The petitioner has filed this writ petition as a pro bono publico. By filing this writ petition he prays that an independent police station be established at Sarada Junction, Poothakulam, Paravur, Kollam District. In that regard, the petitioner made Ext.P1 representation before the Minister concerned. Since no action is taken by the State Government, this writ petition is filed.
2. Learned Government Pleader, on instructions submits that the matter is being considered by the 2nd respondent, i.e. the State Police Chief. Since the matter is stated to be under consideration of 2nd respondent, we do not propose to pass any order. Moreover, in such matters, Courts generally cannot direct the State Government to establish or not to establish a police station in a particular area. It is the authority of the State Government to decide in which place a police station is to be WP(C) 24360/2016 -:2:- established, depending on the facts and circumstances of each case. Since it is a policy matter, it is for the State to take a decision.
With the above observations, the writ petition stands disposed of. However, we observe that it is open for the 2nd respondent to take a decision in the matter, in accordance with law, within six months from the date of receipt of a copy of this judgment.
Sd/-
Mohan M. Shantanagoudar, Chief Justice.
Sd/-
Sathish Ninan, Judge.
ttb/17/11