Kerala High Court
Abdul Bari.D.M vs State Of Kerala on 16 July, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934
WP(C).No. 15604 of 2012 (A)
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PETITIONER(S):
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ABDUL BARI.D.M, AGED 52 YEARS
S/O MUHAMMED, DARUL RAHMATH, KUMBALAM POST
KOCHI 682506
BY ADV. SRI.DENIZEN KOMATH
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY
MINISTRY OF HOME AFFAIRS, SECRETARIAT
THIRUVANANTHAPURAM
2. DISTRICT POLICE CIMPLAINT AUTHORITY,
ERNAKULAM COLLECTORATE, KAKKANAD POST
682030 REPRESENTED BY ITS SECRETARY
3. CHAIRMAN,
DISTRICT POLICE COMPLAINT AUTHORITY
ERNAKULAM COLLECTORATE, KAKKANAD POST, 682030
4. THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL,
KOCHI CITY, ERNAKULAM
* ADDL. R5. IMPLEADED
* ADDL. R5 PRINCIPAL SECRETARY
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM.
(*ADDL. R5 IS IMPLEADED AS PER ORDER DATED 16/07/2012 IN
IA 9683/2012.)
BY GOVERNMENT PLEADER SMT. RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-07-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 15604 of 2012 (A)
APPENDIX
PETITIONER(S) EXHIBITS
EXT. P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED 15-03-2012
EXT. P2 TRUE PHOTOCOPY OF THE NOTICE DATED 10-04-2012 VIDE
REFERENCE NUMBER 29/PTN/NC/12 BY THE 3RD RESPONDENT
EXT. P3 TRUE COPY OF THE LAYER NOTICE SENT BY THE PETITIONER
BEFORE THE 4THA RESPONDENT
EXT. P4 TRUE COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE
2ND RESPONDENT VIDE REFERENCE NUMBER PCA 02/2011
DATED 13-04-2012
EXT. P5 TRUE COPY OF THE NEWS ITEMS PUBLISHED IN THE INDO
ASIAN NEWS SERVICE INDIA PRIVATE LIMITED DATED
18-11-2011
EXT.P6: TRUE PHOTOCOPY OF THE REPRESENTATION BEFORE THE
PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM DATED 05.07.2012.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.15604 Of 2012
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DATED THIS THE 19th DAY OF JULY, 2012
JUDGMENT
The petitioner is seeking for a direction to the respondents to transfer all proceedings pertaining to Exhibit P1 complaint preferred by the petitioner before the 2nd respondent to any other authority outside Ernakulam District.
2. The petitioner has filed the Writ Petition stating that a complaint as per Exhibit P1 has been lodged before the 2nd respondent dated 15.3.2012. Various details have been explained in paragraphs 6 to 8, which show that the petitioner has got an apprehension that he will not get relief from the said authority.
3. After the filing of the Writ Petition, the petitioner has filed I.A.9683/12 for impleading the Principal Secretary, Department of Home, Secretariat, Thiruvananthapuram as additional 5th respondent and I.A.No.9684/12 for a direction to the additional 5th respondent to consider Exhibit P6 application for transfer of the complaint to any other authority. W.P.(C)No.15604/12 -2-
I am not going into the merits of the matter, since the petitioner has approached the Government in the matter. The Writ Petition is therefore disposed of directing the additional 5th respondent to take a decision on Exhibit P6 within a period of six weeks from the date of production of a certified copy of this judgment along with a copy of the Writ Petition by the petitioner.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn