Kerala High Court
Minhaj T.P vs State Of Kerala on 10 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY,THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
WP(CRL.) NO. 979 OF 2025
PETITIONER/S:
MINHAJ T.P
AGED 28 YEARS
S/O LAIKH ALI, THAIKKANDIPARAMBIL HOUSE,
HOSPITAL ROAD, CHAVAKKAD, THRISSUR, PIN - 680506
BY ADVS.
SHRI.K.K.SUBEESH
SRI.ROY THOMAS (MUVATTUPUZHA)
SMT.SRADHA MOHAN
SHRI.R.VINU RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001
2 THE CITY POLICE COMMISSIONER
THE OFFICE OF THE COMMISSIONER OF POLICE,
PATTALAM ROAD, IN FRONT OF TOWN EAST POLICE
STATION, SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
THRISSUR, KERALA, PIN - 680001
3 THE ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
GURUVAYOOR, THRISSUR, PIN - 680101
4 THE STATION HOUSE OFFICER
GURUVAYOOR POLICE STATION, THRISSUR, PIN - 680101
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
2
5 THE STATION HOUSE OFFICER
GURUVAYOOR TEMPLE POLICE STATION,
THRISSUR, PIN - 680101
6 THE STATION HOUSE OFFICER
CHAVAKKAD POLICE STATION, CHAVAKKAD,
THRISSUR, PIN - 680101
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR PP SRI HRITHWIK C S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.979 of 2025
----------------------------------------------
Dated this the 10th day of September, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate
writ, order, or direction to declaring Ext.P5 Order No.
620/GSD/2023 dated 28.09.2023 issued by the 3rd
respondent, the Assistant Commissioner of Police,
Guruvayoor, is illegal and arbitrary and violative of
fundamental rights of the petitioner.
ii. Issue a writ of certiorari or any other appropriate writ,
order, or direction to quash Ext.P5 Order No.
620/GSD/2023 dated 28.09.2023 issued by the 3rd
respondent, the Assistant Commissioner of Police,
Guruvayoor, whereby a rowdy sheet has been opened
against the petitioner.
iii. Issue a writ of mandamus or any other appropriate
writ, order, or direction restraining the respondents
from harassing the petitioner and his family in
connection with the rowdy sheet.
iv. Pass such other and further orders as this Hon'ble
Court may deem fit and proper in the interest of justice.
v. To Dispense with the filing of the translation of
vernacular documents. (SIC)
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
2. Petitioner was included in the rowdy sheet as per
Ext.P5. The petitioner earlier approached this Court by filing
WP(Crl) No.1182/2024. This Court disposed that writ petition
with following directions:
"Hence, this writ petition is disposed of with a
direction to the 2nd respondent to take a decision on
Ext.P1 representation, in accordance with law, after
hearing the petitioner, in terms of paragraph 259 (8)
of the Kerala Police Manual, within a period of two
months from the date of receipt of a copy of this
judgment. The petitioner shall produce a copy of this
judgment along with a copy of the writ petition before
the 2nd respondent for compliance."
3. Consequently Ext.P13 order is passed. The main
grievance of the petitioner is that Ext.P13 order is passed
without giving an opportunity of hearing the petitioner.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. This Court directed the 2nd respondent to consider the
representation submitted by the petitioner, after giving an
opportunity of hearing to the petitioner. The grievance of the
petitioner is that he was not heard. The Public Prosecutor
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
submitted that notice was given, but he has not appeared. But a
perusal of Ext.P13 order would not show that a notice was
served to the petitioner and an opportunity was given.
Considering the facts and circumstances of the case, I think
Ext.P13 can be set aside, without expressing anything on merit.
The 2nd respondent should reconsider the matter, after giving an
opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of with following
directions:
1. Ext.P13 is set aside.
2. The 2nd respondent is directed to
reconsider the matter as directed in
Ext.P12, after giving an opportunity of
hearing to the petitioner, as expeditiously
as possible, at any rate, within two
months from the date of receipt of a copy
of this judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:67021
WP(CRL.) NO. 979 OF 2025
APPENDIX OF WP(CRL.) 979/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION PREFERRED BY
THE PETITIONER BEFORE 2ND RESPONDENT DATED
11/08/2024
Exhibit P2 TRUE COPY OF THE REPLY BY THE 4TH RESPONDENT
DATED 28/08/2024 TO THE RTI PETITION FILED BY
THE PETITIONER DATED 10.08.2024
Exhibit P3 TRUE COPY OF THE REPLY BY THE 5TH RESPONDENT
DATED 27/08/2024 TO THE RTI PETITION FILED BY
THE PETITIONER
Exhibit P4 TRUE COPY OF THE REPLY BY THE 6TH RESPONDENT
DATED 28.08.2024 TO THE RTI PETITION FILED BY
THE PETITIONER
Exhibit P5 TRUE COPY OF THE ORDER NO. 620/GSD/2023 DATED
28.09.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF JUDGEMENT DATED 13.11.2023 IN SC
154/2019 ON THE FILE OF THE SESSIONS COURT ,
THRISSUR SESSIONS DIVISION ( SUB COURT ,
CHAVAKKAD )
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 15.06.2013 IN
ST 53/2012 ON THE FILE OF PRINCIPAL
MAGISTRATE JUVENILE JUSTICE BOARD, THRISSUR
Exhibit P8 TRUE COPY OF JUDGEMENT DATED 09.12.2022 IN ST
454/2021 ON THE FILE OF JFCM COURT CHAVAKKAD
Exhibit P9 TRUE COPY OF JUDGEMENT DATED 06.03.2018 IN CC
1423/2016 ON THE FILE OF JFCM COURT CHAVAKKAD
Exhibit P10 TRUE COPY OF SCREENSHOT OF E-COURTS APP OF ST
501132/2021 ON THE FILE OF JFCM-1 THRISSUR
Exhibit P11 TRUE COPY OF JUDGEMENT DATED 07.11.2023 IN
CRL MC 8676/2023 BY THIS HON'BLE COURT
Exhibit P12 TRUE COPY OF THE ORDER DATED 27.01.2025 IN
W.P.(CRL.) NO. 1182 OF 2024 BY THIS HON'BLE
COURT
Exhibit P13 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 09.06.2025
