Kerala High Court
Prabhavathi Amma vs State Of Kerala on 1 November, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
SATURDAY, THE 17TH DAY OF NOVEMBER 2012/26TH KARTHIKA 1934
WP(C).No. 30220 of 2005 (V)
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PETITIONER:
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PRABHAVATHI AMMA,
W/O. LATE PURUSHOTHAMAN,
TC.21/652 (NEW TC.NO.56/519),
KUNNINPURAM, NEDUMCAD
KARAMANA P.O., TRIVANDRUM.
BY ADVS.SRI.SIVAN MADATHIL
SRI.S.S.HUSSAIN
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM.
3. MAHESH KUMAR SINGLA,
INSPECTOR GENERAL OF POLICE, OFFICE OF THE
INSPECTOR GENERAL OF POLICE, TRIVANDRUM.
4. NITHIN AGARWAL, DEPUTY INSPECTOR GENERAL OF POLICE
OFFICE OF THE DEPUTY INSPECTOR GENERAL OF POLICE,TRIVANDRUM.
5. JITHU KUMAR (CONSTABLE,UNDER SUSPENSION)
FORT POLICE STATION, TRIVANDRUM.
6. SREEKUMAR (CONSTABLE, UNDER SUSPENSION),
FORT POLICE STATION, TRIVANDRUM.
7. SOMAN (CONSTABLE, UNDER SUSPENSION),
FORT POLICE STATION, TRIVANDRUM.
8. SUB INSPECTOR OF POLICE, FORT POLICE STATION, TRIVANDRUM.
R1 TO 4, 8 BY SENIOR GOVERNMENT PLEADER SRI.SEREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 30220 of 2005 (V)
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APPENDIX
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PETITIONER'S EXHIBITS
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EX.P1. COPY OF THE RPRESENTATION SUBMITTED BY THE PETITIONER TO THE
CHIEF SECRETARY DATED 1.11.2005.
RESPONDENT'S EXHIBITS : NIL
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/ TRUE COPY /
P.A. TO JUDGE
VK
C.K. ABDUL REHIM, J.
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W.P.(c) No. 30220 OF 2005
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DATED THIS THE 17th DAY OF NOVEMBER, 2012
J U D G M E N T
There was no representation for the petitioner on the previous posting dates like, 15-10-2012 and 09-11-2012. In between, on 18-10-2012 the counsel for petitioner sought adjournment to ascertain the present position. Today also when the case is called up there is no representation for the petitioner.
2. From the statement filed on behalf of respondents (Additional statement filed by Superintendent of Police Crime Branch, CBCID, SIG-I, Thiruvananthapuam dated 28-01-2006) it is revealed that the Government by order dated 28-01-2006 sanctioned release of amount of Rs.2,00,000/- from the Chief Minister's Distress Relief Fund to make a fixed deposit in a Nationalised Bank and the District Collector was directed to make payment of the monthly interest to the petitioner. With respect to other reliefs sought for, it is mentioned in the statement that the criminal case registered was investigated and a final report W.P.(c) No.30220/2005 -2- was already submitted implicating 3 police constables as accused, for offence punishable under Section 302 of the IPC and for other offences.
3. Under the above mentioned circumstances, main relief sought for in this writ petition regarding investigation of the case has become infructuous. With respect to direction for payment of compensation, it is evident that the Government have taken steps to provide adequate provision. Under such circumstances I am not proposing to keep this writ petition pending, which was filed as early as in the year 2005.
4. Therefore the writ petition is hereby dismissed. However, it is made clear that the petitioner will be at liberty to pursue further grievances if any in relation to payment of amounts ordered by the Government, in appropriate proceedings.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge