Kerala High Court
Jith Mathew Ninan vs The District Police Chief (City) on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14414 OF 2024
PETITIONER:
JITH MATHEW NINAN, AGED 52 YEARS,
S/O NINAN, KADUVETTOOR VEEDU, TC 11/665,
NANTHENCODE P.O, THIRUVANANTHAPURAM,
KERALA, PIN - 695003.
BY ADVS.
HARI.S.NAIR
R.B.RAJESH
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF (CITY)
OFFICE OF THE DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM, PIN - 695014.
2 ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
CANTONMENT, GPO, THIRUVANANTHAPURAM, PIN - 695001.
3 INSPECTOR OF POLICE, MUSEUM POLICE STATION,
MUSEUM, THIRUVANANTHAPURAM, PIN - 695033.
4 SUB INSPECTOR OF POLICE,
MUSEUM POLICE STATION, MUSEUM,
THIRUVANANTHAPURAM, PIN - 695033.
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14414 OF 2024
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JUDGMENT
The petitioner says that he has been illegally and unauthorizedly included in a 'Rowdy History Sheet' prepared by respondents 3 and 4, under the provisions of the Kerala Police Manual. He asserts that he is not involved in any Crime now; and therefore, that being included in the said list is illegal and mischievous; but that, on such basis, he is now being subjected to extreme harassment by being summoned to the Police Station every now and then, as also having to suffer random visits by the Police Officers to his home at even odd hours.
2. The petitioner thus prays that the respondents be directed to remove his name from the 'Rowdy History Sheet' of the Museum Police Station; with a further plea that the 1 st respondent be directed to consider and dispose WP(C) NO. 14414 OF 2024 -3- of Ext.P3 petition preferred by him for such purpose, without any avoidable delay.
3. Pertinently, in response to the afore submissions of the petitioner, as made by his learned counsel - Sri.Hari S.Nair, the learned Government Pleader - Sri.P.M.Shameer, conceded that the petitioner was involved only in one Crime and that presently, he does not appear to be so arrayed. He submitted that, therefore, the 1st respondent, or such other competent Authority, is willing to consider Ext.P3 petition and take a final decision thereon; adding that, in fact, a recommendation has already been made to remove him from the 'Rowdy History Sheet'.
Taking note of the afore and recording the submissions of the learned Government Pleader, I allow this Writ Petition and direct the Police not to harass or summon the petitioner to the WP(C) NO. 14414 OF 2024 -4- Police Station without sufficient cause; with a corollary direction to the 1st respondent to take up Ext.P3 and dispose of the same, after affording an opportunity of being heard to the petitioner; thus culminating in an appropriate order and necessary action thereon, including the removal of his name from the 'Rowdy History Sheet', as expeditiously as is possible but not later than one month from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 14414 OF 2024 -5- APPENDIX OF WP(C) 14414/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGEMENT OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT- III, THIRUVANANTHAPURAM IN CC 759 OF 1994 EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT BY THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT BY THE PETITIONER IN PETITION NO. G9/14635/2023/TC DATED 22/02/2023 EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT CITY ONLINE EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER OF THE OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM EXHIBIT P7 TRUE COPY OF THE REPLY NO.
151/IDPTN/B-5/2023 DATED 21/06/2023 ALONG WITH THE COVERING LETTER NO. G1 (A)-37950/2023/TC DATED 30/06/2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF THE POLICE COMMISSIONER, THIRUVANANTHAPURAM CITY TO THE PETITIONER