P.Senkumar vs The State Of Kerala
2021 Latest Caselaw 20919 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                       THE HONOURABLE MRS. JUSTICE MARY JOSEPH

              WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

                                 WP(C) NO. 21119 OF 2021

PETITIONER:

               K.SENKUMAR,
               S/O.KUTTAPPAN,
               AGED 50 YEARS
               PALAPRA HOUSE, ATTAPPALLAM P.O.,
               KUMILY, IDUKKI.

               BY ADVS.
               C.S.MANILAL
               NIDHEESH S.


RESPONDENT:

               THE STATE OF KERALA,
               REP. BY THE ADDITIONAL CHIEF SECRETARY (HOME AND VIGILANCE),
               SECRETARIAT, TRIVANDRUM - 695 001.


               SR PP SMT.T.V.NEEMA



      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c) No.21119/2021                  2




                               JUDGMENT

Dated this the 06th day of October, 2021

This writ petition is filed under article 226 of the

Constitution of India by the petitioner, who is working at

present as the Secretary of Kumily Grama Panchayath. He

has been working there since 23.07.2019. He belongs to

the scheduled tribe community. He is having unblemished

service throughout his career. Police officials while

arresting one of the staff of the panchayath had

manhandled and caused physical torture upon the

petitioner. The alleged acts are liable to attract offences

punishable under Sections 341, 352, 353, 294(b) and 323

read with Section 34 of the Indian Penal Code (for short,

'the IPC') as well as Sections 3(1)(m)(r) and (s) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, 'the SC/ST Act').

2. According to the Police officials, their actions are

justified and those are performed in the course of

discharge of their official duty. Now the revision petitioner

wanted to set the law in motion against the Police

officials. For the purpose, sanction contemplated under

Section 197 of the Code of Criminal Procedure, 1973 (for

short, 'the Cr.P.C') read with 113(2) of Kerala Police Act is

necessary. According to him, he has moved Ext.P5

application before the respondent but till date that has not

been acted upon and orders issued.

3. In the above circumstances, the petitioner is

constrained to approach this Court seeking for a writ of

mandamus against the respondent to consider Ext.P5

application pending on their file and to pass appropriate

orders in a time bound manner.

4. The learned public prosecutor has taken notice

for the respondent. Since only a direction to the

respondent is sought, this Court is inclined to issue such a

direction.

In the said circumstances, writ petition is allowed.

The respondent is directed to consider Ext.P5 application

seeking sanction under Section 197 Cr.P.C already pending

before them and pass appropriate orders in accordance

with law within a time span of two weeks' from the date of

receipt of a certified copy of this judgment.

Sd/-

MARY JOSEPH

JUDGE JJ

APPENDIX OF WP(C) 21119/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT GIVEN TO THE SUPERINTENDENT OF VIGILANCE DATED 21/3/2021. Exhibit P2 TRUE COPY OF THE COMPLAINT BEFORE THE COMMISSION FOR SC/ST DATED 18/4/2021. Exhibit P3 TRUE COPY OF THE ORDER OF THE COMMISSION SC/ST DATED 23/9/2021.

Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE DY.S.P., VIGILANCE DATED 20/5/2021. Exhibit P5 TRUE COPY OF THE APPLICATION BEFORE THE RESPONDENT DATED 16/8/2021.