Hakkim vs The Secretary
2021 Latest Caselaw 20085 Ker

WP(C) NO. 18172 OF 2021         1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE K.HARIPAL
   FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                      WP(C) NO. 18172 OF 2021
PETITIONER:

          HAKKIM
          AGED 58 YEARS
          S/O. MOHAMED HANEEFA, NALLANKIKKAL HOUSE,
          KANDALA,MARANALLOOR DESOM, MARANALLOOR VILLAGE,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695512.

          BY ADV V.VENUGOPALAN NAIR



RESPONDENTS:

    1     THE SECRETARY
          DEPARTMENT OF HOME AFFAIRS, LEGISLATURE SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE DIRECTOR GENERAL OF POLICE
          (STATE POLICE CHIEF), POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM - 695001.

    3     THE SUPERINTENDENT OF POLICE,
          (THIRUVANANTHAPURAM RURAL), OFFICE OF THE RURAL SP,
          PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.

    4     THE INSPECTOR GENERAL OF POLICE
          (THIRUVANANTHAPURAM RANGE), POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM - 695001.

    5     XAVIER SEBASTIAN
          ADDITIONAL SUPERINTENDENT OF POLICE,
          (THIRUVANANTHAPURAM RURAL), OFFICE OF THE RURAL SP.
 WP(C) NO. 18172 OF 2021       2



          PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.

    6     SANTHOSH KUMAR
          (FORMER SI OF POLICE, MARANALLOOR POLICE STATION),
          PRESENTLY WORKING AS SI OF POLICE, STATE SPECIAL
          BRANCH, PATTOM, THIRUVANANTHAPURAM - 695001.

    7     THE FINANCE SECRETARY,
          GOVERNMENT OF KERALA, LEGISLATIVE SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    8     THE FINANCE SECRETARY
          (INTELLIGENCE), GOVERNMENT OF KERALA, LEGISLATURE
          SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    9     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, LEGISLATURE
          SECRETARIAT, THIRUVANANTHAPURAM - 695001.

          BY ADVS.
          DIRECTOR GENERAL OF PROSECUTION
          SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
          SHRI.SAJJU.S., SENIOR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18172 OF 2021             3




                              JUDGMENT

The writ petition is filed by a public spirited person seeking

to issue a writ of mandamus, order or direction to the second

respondent State Police Chief, to consider his Ext.P10

representation untrammelled by the recommendations in Ext. P7.

2. I heard the learned counsel for the petitioner and also

learned Additional Public Prosecutor.

3. Even though various arguments were advanced by both

sides, I do not think it necessary to go in detail. Ultimately, it has

come out that pursuant to Ext. P10 representation of the

petitioner, the second respondent has already directed an oral

enquiry to be done by the Deputy Director General of Police on

the allegations of misappropriation of funds by the 6 th

respondent. Copy of the communication dated 09.09.2021 has

been produced for perusal.

In the light of the same, further orders are not warranted.

Recording the submission of the learned Additional Public

Prosecutor, the writ petition is closed.

SD/-

K.HARIPAL JUDGE VKD/25/09/2021

APPENDIX OF WP(C) 18172/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.03.2021.

Exhibit P1(a) TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09.04.2021.

Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL.

Exhibit P2(a) TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-3-2021

Exhibit P3(a) TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 09.04.2021.

Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED NIL.

Exhibit P4(a) TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 09.04.2021.

Exhibit P5 TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT ON 09.04.2021.

Exhibit P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY

THE PETITIONER BEFORE THE 9TH RESPONDENT ON 24.03.2021.

Exhibit P7 TRUE COPY OF THE ENQUIRY REPORT DATED 12.04.2021 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 22.07.2021.

Exhibit P9 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT AND SEEN SIGNED BYT HE 5TH RESPONDENT, BEFORE THE 3RD RESPONDENT DATED 21.04.2021.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER CHALLENGING EXT P7 BEFORE THE 2ND RESPONDENT DATED 15.08.2021.

Exhibit P11 A TRUE COPY OF THE COB MESSAGE BEARING NO.

R4/94512/13/PHQ DATED 3.10.2013.