Jith Mathew Ninan vs The District Police Chief (City)
2024 Latest Caselaw 10506 Ker

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
                                   -2-

                             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

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

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

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