Kerala High Court
K.A. Shajimon vs State Of Kerala on 9 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P (C) No.1051 of 2013
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 1051 OF 2013
PETITIONER:
K.A. SHAJIMON
S/O.AYYAPPANKUTTY, RESIDING AT KANNADIPARA HOSUE,
MATHIRAPILLY KARA, KOTHAMANGALM VILLAGE AND TALUK,
ERNAKULAM DISTRICT, PINCODE 686 691.
BY ADVS.
SRI.K.R.VINOD
SRI.K.P.WILSON (KOTHAMANGALAM)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 SECRETARY
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT ANNEX,
TRIVANDRUM 695 001.
3 DEPUTY SUPERINTENDENT OF POLICE
MUVATUPUZHA, PINCODE 676 673, ERNAKULAM DISTRICT.
4 DEPUTY SUPERINTENDENT OF POLICE CB CID
EDAPPALLY P.O, COCHIN 682 024.
5 CENTRAL BUREAU OF INVESTIGATION
CHI HEADQUARTERS, LOK NAYAK BHAWAN, 9TH FLOOR, KHAN
W.P (C) No.1051 of 2013
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MARKET, NEW DELHI 110 003, REPRESENTED BY ITS
DIRECTOR.
6 SUPERINTENDENT OF POLICE
CBI, SPECIAL POLICE ESTABLISHMENT, KALOOR,
KATHRIKADAVU, COCHIN 682 017.
BY ADV SHRI.SREELAL N.WARRIER,SREELAL N.WARRIER,
SPL.PUBLIC PROSECUTOR, CENTRAL BUREAU OF
INVESTIGATION (CBI)
OTHER PRESENT:
SRI.HRITHWIK C.S. SR.PP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.1051 of 2013
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P.V.KUNHIKRISHNAN
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W.P (C) No.1051 of 2013
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Dated this the 9th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or any other appropriate
writ, order or direction and thereby direct 1 st
respondent to hand over investigation of Crime No.
507/2012 of Kothamangalam Police Station,
Ernakulam District to 5 respondent and thereby
th
direct the CBI to conduct an effective and proper
investigation and find out real culprit who committed
murder of petitioner's wife and bring them before the
court of law.
ii. Issue a Writ of mandamus or any other
appropriate writ or order or direction and thereby
direct the investigating officer to permit the petitioner
and his children to use the residential house except
the room where the murder took place and also
permit the petitioner and his children to use books
and dress materials etc kept in the house which are
badly needed in their day to day life and also permit
the petitioner to remove iron sheets machineries
which are kept in the residential premises to a safer
place and to use the same for his business purpose
and also permit the petitioner to open his ayurveda
medicine shop and sell out the medicines otherwise
the medicines stored in the shop will be spoiled on
reaching expiry dates.
ii. Grant such other reliefs, which are just and
necessary, in the interest of justice." (SIC)
2025:KER:74989
2. The main prayer in this writ petition is to issue a
direction to the 1st respondent to hand over the investigation in
Crime No.507/2012 of Kothamangalam Police Station to the 5 th
respondent.
3. When this writ petition came up for consideration,
the learned Public Prosecutor submitted that, now the
investigating officer traced out the accused and arrested the
accused. The final report is under preparation. If that is the
case, no further direction is necessary.
Recording of the submission of the learned Public
Prosecutor, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 09/10/25
Judgment dictated 09/10/25
Draft Judgment placed 10/10/25
Final Judgment uploaded 13/10/25
2025:KER:74989
APPENDIX OF WP(C) 1051/2013
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF FIRST INFORMATION REPORT
DATED 08.08.2012 IN CRIME NO. 507/2012 OF
KOTHAMANGALM POLICE STATION ERNAKULAM
DISTRICT.
EXHIBIT P2 TRUE COPY OF FIRST INFORMATION STATEMENT
DATED 08-08-2012 GIVEN BY MR. TONY TO THE
SUB INSPECTOR OF POLICE, KOTHAMANGALAM
POLICE STATION
EXHIBIT P3 TRUE COPY OF POST MORTEM CERTIFICATE NO.
460/2012 DATED 09.08.2012 ISSUED BY DR. C.
S. SREEDEVI, ASSOCIATE PROFESSOR AND DY.
POLICE SURGEON, DEPARTMENT OF FORENSIC
MEDICINE, MEDICAL COLLEGE, ALAPPUZHA.
EXHIBIT P4 TRUE COPY OF COMPLAINT DATED 07.05.2009
LODGED BY PETITIONER, HIS MOTHER, SISTER &
DECEASED WIFE BEFORE CIRCLE INSPECTOR OF
POLICE KOTHAMANGALAM WITH COPY TO KERALA
VANITHA COMMISSION, TRIVANDRUM AGAINST
SAID VIJAYAN AND HIS WIFE.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 03.06.2009
SERVED ON PETITIONER BY SUPERINTENDENT OF
POLICE, SPECIAL BRANCH, IN CONNECTION WITH
ENQUIRY OF COMPLAINT LODGED AGAINST SAID
VIJAYAN
