Kerala High Court
Pucl (Peoples' Union For Civil ... vs The State Of Kerala on 3 October, 2012
Author: Manjula Chellur
Bench: Manjula Chellur, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 18TH DAY OF DECEMBER 2013/27TH AGRAHAYANA, 1935
WP(C).NO. 25054 OF 2012 (S)
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PETITIONER(S):
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PUCL (PEOPLES' UNION FOR CIVIL LIBERTIES),
THRISSUR DISTRICT COMMITTEE,
REPRESENTED BY ITS SECRETARY,
RAMACHANDRAN PENAKAM,
P.O. PERUVALLOOR, THRISSUR.
BY ADVS.SMT.K.NANDINI,
SRI.BINU BOSE.
RESPONDENT(S):
-------------------------
1. THE STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE INSPECTOR GENERAL OF POLICE,
THRISSUR-680 021.
3. THE SUB INSPECTOR OF POLICE (RURAL),
KUNNAMKULAM-680 503.
4. DEPUTY SUPERINTENDENT OF POLICE,
KUNNAMKULAM-680 503.
5. SUB INSPECTOR OF POLICE,
ALAPPUZHA-680 001.
6. UNION BANK OF INDIA,
ALAPPUZHA BRANCH,
REPRESENTED BY ITS MANAGER, PIN-680 001.
7. SABU, S/O. DEVASSY,
AKKARA VEETTIL, LOURDUPUERAM,
KIZHAKKE KOTTA, THRISSUR-680 021.
8. KANNAN, S/O. PARAMESWARAN NAIR,
VIJAYA CONSTRUCTIONS, VIJAYA BAHAVAN,
XXXVI/III, PUNKUNNAM P.O., THRISSUR-680 024.
WP(C).NO. 25054 OF 2012 (S)
9. P. SYAM @ SHYAMRAJ, PROPRIETOR,
M/S. ARJUNA CONSTRUCTIONS, MURUKALAYAM,
PUNNAPRA P.O,ALAPPUZHA, NOW RESIDING AT ANJANAM,
THIRUVAMBADY P.O,ALAPPUZHA-680 001.
10. THE SUPERINTENDENT OF POLICE,
CENTRAL BUREAU OF INVESTIGATION,
ERNAKULAM, KOCHI -16.
R1 TO R5 BY ADV. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL.
GOVT. PLEADER SRI.VIJU ABRAHAM.
R6 BY ADV. SRI.A.S.P.KURUP,SC, UBI.
R10 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-11--2013, THE COURT ON 18-12-2013 DELIVERED THE
FOLLOWING:
rs.
WP(C).NO. 25054 OF 2012 (S)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT-P1- TRUE COPY OF THE LETTER DATED 03/10/2012 FROM THE
PETITIONER ORGANISATION TO THE INFORMATION
OFFICER ATTACHED TO THE 10TH RESPONDENT.
EXHIBIT-P1A- TRUE COPY OF THE TRANSLATION OF EXHIBIT-P1.
EXHIBIT-P2- TRUE COPY OF THE REPLYFROM THE 10TH RESPONDENT
TO THE PETITIONER DATED 09/10/2012.
EXHIBIT-P3- TRUE COPY OF THE LAWYER'S NOTICE SENT BY THE
7TH RESPONDENT BANK TO THE SAID RANGANATHAN
DATED 08/08/2008.
EXHIBIT-P4- TRUE COPY OF THE STATEMENT OF SENIOR MANAGER OF
THE 6TH RESPONDENT BANK DATED 14/10/2010.
EXHIBIT-P4A- TRUE COPY OF THE ENGLISH TRANSLATION.
EXHIBIT-P5- TRUE COPY OF THE STATEMENT GIVEN BY THE FINGER
PRINT EXPERT TO THE SUB INSPECTOR OF POLICE,
VADAKKEKKAD POLICE STATION DATED 23/11/2010.
EXHIBIT-P5A- TRUE COPY OF THE TRANSLATION OF EXHIBIT P5.
EXHIBIT-P6- TRUE COPY OF THE FIR IN CRIME NO.73/09 AT THE
SOUTH POLICE STATION, ALAPPUZHA DATED 04/02/2009.
EXHIBIT-P6A- TRUE COPY OF THE TRANSLATION OF EXHIBITP6.
EXHIBIT-P7- TRUE COPY OF THE LETTER FROM BALAKRISHNAN
DATED 06/12/2011 TO THE PETITIONER ORGANISATION.
EXHIBIT-P7A- TRUE COPY OF ITS ENGLISH TRANSLATION OF EXT.P7.
EXHIBIT-P8- TRUE COPY OF THE COMMUNICATION FROM THE
PETITIONER ORGANISATION TO THE INFORMATION
OFFICER, UNION BANK OF INDIA, ALAPPUZHA BRANCH
DATED 29/10/2012.
EXHIBIT-P8A- TRUE COPY OF THE ITS ENGLISH TRANSLATION OF EXT.P8.
EXHIBIT-P9- TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE
MATHRUBHUMI DAILYDATED 01/10/2013.
EXHIBIT-P9A- TRUE COPY OF THE TRANSLATION OF EXT.P9.
WP(C).NO. 25054 OF 2012 (S)
EXHIBIT-P10- TRUE COPY OF THE NEWS ITEM PUBLISHED IN
MATHRUBHUMI DAILYDATED 02/10/2013.
EXHIBIT-P10A- TRUE COPY OF THE TRANSLATION OF EXT.P10.
EXHIBIT-P11- TRUE COPY OF THE ORDER DATED 04/06/2010 IN
C.C. 590/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, KUNNAMKULAM.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
MANJULA CHELLUR, CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.25054 of 2012
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Dated this the 18th day of December 2013
J U D G M E N T
SHAFFIQUE,J This writ petition is filed in the form of a public interest litigation. The petitioner alleges that they have come to know about certain actions being taken by respondents 7 to 9 in connivance with the Officers of the Bank whereby certain poor victims are being cheated. According to them, the modus operandi was that in the guise of arranging loan for the victims, their title deeds are being deposited before the bank for taking huge loans, for which the victim has no idea at all. Hence the petitioner seeks for directions to constitute a special investigation team for conducting a detailed investigation into the aforesaid actions. According to the petitioner, there is a real estate mafia behind such an W.P.C.No.25054/2012 2 activity and they are in collusion with police and other political persons by which poor victims are in the verge of loosing their property. Petitioner also sought for a CBI investigation into the various crimes registered in the matter.
2. Statement is filed by respondents 4 and 5. The 4th respondent has stated that they have registered crime Nos.518/2009, 119/2009 and 478/2009. It is stated that with reference to crime No.518/2009 the complaint was that the accused promised to arrange loan to the complainant and collected the document of 10 cents of their property. They arranged a loan of Rs.9,75,000/- from Maharashtra bank and only Rs.4,00,000/- was given to him. Though they offered to pay the balance amount in six months, nothing was done in the matter. Case was charge sheeted and is pending before the Judicial First Class Magistrate Court, Kunnamkulam. The complainant had filed writ petition W.P.C.No.29109 of 2010 before the High Court and as per the directions by the W.P.C.No.25054/2012 3 Court the investigation was entrusted to the Deputy Superintendent of Police, Kunnamkulam. It was found that an amount of Rs.9,75,000/- was sanctioned to the complainant and it was collected by the 3rd accused. The complainant failed to remit the loan amount to the bank and the bank initiated recovery proceedings. It is at this point of time, to avoid recovery action, the complainant had filed a complaint before the Superintendent of Police and a crime was registered. After conducting further investigation, it was found that the allegations were false and a final report was submitted before the JFCM Court as R.C.No.97/2011.
3. In respect of crime Nos.119/2009 and 417/2009 it was found that both crimes related to the same cause of action. That case is already charge sheeted as C.C.No.480/2011 and is pending trial. Crime No.478/2009 was dropped as it relates to the very same crime No.119/2009.
W.P.C.No.25054/2012 4
4. The 5th respondent has filed a statement in which it is stated that crime No.73/2009 was taken up and the case against the accused were charge sheeted as C.C.No.680/2010 before the Judicial First Class Magistrate Court, Alappuzha and it was renumbered as C.C.No.21/2012 and is still pending.
5. It is therefore argued by the Learned Government Pleader that in respect of all cases that are brought to the notice of the police, appropriate investigation has been conducted and if there are any other complaints against any person they are ready and willing to conduct appropriate investigation in the matter. In regard to the claim for CBI investigation, it is submitted by the Learned Government Pleader that since the State police has conducted proper investigation into the aforesaid crimes, there is no necessity for a further investigation by the CBI. That apart, it is submitted that the de facto complainant in crime No.236/2009 of Guruvayoor Police Station has approached W.P.C.No.25054/2012 5 this Court by filing W.P.C.No.10859/2012 seeking for a CBI enquiry and the said writ petition is pending.
6. Learned Standing Counsel appearing for the CBI also submits that the CBI cannot take up a case merely because a complaint is filed. That apart, these are matters which are to be dealt with by the local police and unless there is a specific direction, CBI cannot investigate into the matter.
7. Having regard to the nature of contentions urged, we are of the view that in respect of the complaints that are already received, the police has conducted necessary investigation and depending upon the nature of the case, charge sheets were filed in a few cases which are pending trial. Though the learned counsel for the petitioner submits that there are large scale manipulations similar to the aforesaid incidents, unless the complainants are willing to come forward and register cases, it may not be possible for this Court to give a general direction in that regard. Each W.P.C.No.25054/2012 6 case will have to be considered and investigated on its own facts. The police also cannot conduct a general investigation in such matters unless specific complaints are brought to the notice of the police.
Under these circumstances, we do not think that any further directions are required to be given in this case and therefore taking on record the statements filed by respondents 4 and 5, the writ petition is closed.
(sd/-) (MANJULA CHELLUR, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.25054/2012 7 W.P.C.No.25054/2012 8 W.P.C.No.25054/2012 9