Anil Kumar R.V vs Director General Of Police
2021 Latest Caselaw 18107 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 4819 OF 2021
PETITIONERS:

    1     ANIL KUMAR R.V
          RESIDING AT NIKHIL NIVAS,
          KULATTHURKONAM,
          CHIRAKARA P.O.,
          KALLUVATHUNGAL,
          KOLLAM 691 334.

    2     SMITHA K.S.
          W/O.ANIL KUMAR R.V.,
          RESIDING AT NIKHIL NIVAS,
          KULATTHURKONAM,
          CHIRAKARA P.O.,
          KALLUVATHUNGAL,
          KOLLAM 691 334.

          BY ADV M.R.SARIN


RESPONDENTS:

    1     DIRECTOR GENERAL OF POLICE
          POLICE HEADQUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM 695 010

    2     STATION HOUSE OFFICER
          PARIPPALLY POLICE STATION,
          KOLLAM 691 574

    3     PRATHAP CHANDRAN
          S/O.RAMACHANDRAN,
          RESIDING AT MRUDULA BHAVAN,
          AYATHIL, VADAKKEVIL,
          KOLLAM 691 017

    4     THANKARAJ
          RESIDING AT KRISHNA KRIPA,
          KULATHURKONAM,
          CHIRAKKARA P.O.,
          KOLLAM 691 334.

    5     ASHWANI SRIKUMAR
          D/O.SURYAKALA, KRISHNA KRIPA,
          PATTATHANAM,
          KOLLAM 691 021.
 W.P.(C.).No.4819 OF 2021       2


    6     MRUDULA R.K.
          RESIDING AT MRUDULA BHAVAN,
          AYATHIL,
          VADAKKEVIL,
          KOLLAM 691 017

    7     MANILAL(RATHEESH)
          S/O.CHANDRAN PILLAI, LAKSHMI NIVAS,
          IDAPATTAM, CHIRAKKARA,
          KULATHOORKONAM,
          KOLLAM 691 334.

          R1 & R2 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.).No.4819 OF 2021             3




                              JUDGMENT

This is a petition filed under Section 226 of the Constitution

seeking the following relief:-

"i) Issue a writ in the nature of mandamus or such other writ, direction or orders directing the 1st respondent to consider and dispose Exhibit P2 by conducting a proper investigation into these matters within time limit framed by this Hon'ble court."

2. I heard the learned counsel for the petitioners as well as

the learned Senior Public Prosecutor.

3. The grievance of the petitioners is that even though

Ext.P2 petition was preferred before the first respondent, no action

was taken. The learned Senior Public Prosecutor has submitted that

the Station House Officer, Parippally has already taken a call on

similar petition filed before the Station House Officer and he has

come to the conclusion that the dispute is civil in nature and that

has been communicated to the petitioners also. That means, the

petitioners can approach appropriate forum for redressing their

grievances. No relief can be granted so long as Ext.P2 has already

been disposed of by the first respondent.

In the circumstances, the writ petition is closed.

Sd/-

K.HARIPAL

JUDGE

DCS/07.09.2021

APPENDIX

PETITIONER EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF COMPLAINT FILED BEFORE THE RESPONDENT ON 18.6.2019

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT DATED 01.02.2021