Vilabhagom S Suseendran vs State Of Kerala
2021 Latest Caselaw 2031 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.9027 OF 2017(S)


PETITIONER:

               VILABHAGOM S SUSEENDRAN
               AGED 51 YEARS, PRESIDENT,
               AZHIMATHI RAHITHA SAMRAKSHANA SAMITHI (ARSS)
               STATE COMMITTEE, NEDUNGADAM PO, THIRUVANANTHAPURAM,
               PIN 695 307, MOB 9249982657.

               BY ADV. SRI.VILABHAGOM S SUSEENDRAN(PARTY-IN-PERSON

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
               STATUE, THIRUVANANTHAPURAM, PIN 695 001.

      2        ADDITIONAL CHIEF SECRETARY,
               HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
               STATUE, THIRUVANANTHAPURAM, PIN 695 001.

               SRI. V.TEKCHAND, SR GP FOR RESPONDENTS


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
19-01-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.9027 of 2017
                                         2


                                  JUDGMENT

Dated this the 19th day of January, 2021

S.Manikumar, C.J.

On 18.1.2021, we passed the following order:

"Petitioner has sought for a mandamus directing respondents 1 and 2 to appoint sufficient number of retired District Judges for working as Chairperson of District Police Complaints Authority in all the districts in the State.

2. Referring to Sections 110(4) of Kerala Police Act, Mr. V. Tekchand, learned Senior Government Pleader submitted that as per the proviso, the Chairperson of one District Authority may be appointed as the Chairperson of more than one District Authorities. State of Kerala is divided into two zones. South Zone and North Zone respectively. The District Authority shall consist of the following members, namely; (i) A retired District Judge, who shall be the Chairperson, (ii) The District Collector, and (iii) The District Superintendent of Police.

The said submission is based on the instructions furnished in the year 2017. Learned Government Pleader seeks time to ascertain the current position. Post on 19.1.2021."

2. Reverting, Mr.V.Tekchand, learned Senior Government Pleader

submitted that in South Zone, there are six Districts and in North Zone,

there are 8 Districts, out of 14 Districts in the State of Kerala. Based on

GO(Rt)No.2325/2019/Home dated 28.8.2019, he further submitted that W.P.(C)No.9027 of 2017

the number of retired District Judges continue to remain as stated supra,

but the Police Complaints Authority in 14 Districts have been

reconstituted.

As the proviso to Section 110(4) of the Kerala Police Act, 2011

enables appointment of a Chairperson of one District Authority as

Chairperson of more than one District Authorities, and in the light of the

subsequent Government Order stated supra, no further directions are

required to be issued. Accordingly, the writ petition is dismissed.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv W.P.(C)No.9027 of 2017

APPENDIX

PETITIONER'S/S EXHIBITS:

EXT.P1 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 20.1.2017 TO THE 2ND RESPONDENT

EXT.P1A TRUE TRANSLATION OF EXHIBIT P1 TO ENGLISH

EXT.P2 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 20.1.2017 TO THE HON'BLE CHIEF MINISTER

EXT.P2A TRUE TRANSLATION OF EXHIBIT P2 TO ENGLISH

EXT.P3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT DATED 17.2.2017 IN WPC NO. 5327/2017

/TRUE COPY/

P.A. TO JUDGE