High Court Kerala High Court

S.Sadasivan vs The Inspector General Of Police on 12 October, 2010

Kerala High Court
S.Sadasivan vs The Inspector General Of Police on 12 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28792 of 2010(Y)


1. S.SADASIVAN,AGED 62 YEARS,
                      ...  Petitioner
2. K.SATHIDEVI,W/O.S.SADASIVAN,

                        Vs



1. THE INSPECTOR GENERAL OF POLICE,
                       ...       Respondent

2. THE SUPERINTENDENT OF POLICE,PARUR.

3. THE CIRCLE INSPECTOR OF POLICE,PARUR.

4. THE SUB INSPECTOR OF POLICE,PARUR.

5. SAKTHIDARAN @ BABY,S/O.SHANMUGHAM,

                For Petitioner  :SRI.T.M.RAMAN KARTHA

                For Respondent  :SRI.MANSOOR.B.H.

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :12/10/2010

 O R D E R
           K.M.JOSEPH & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      W.P.C.No.28792 of 2010
                    ----------------------------------------
            Dated this the 12th day of October 2010

                          J U D G M E N T

K.M.JOSEPH,J

The petitioners are the parents of one Gangadevi, who died

in suspicious circumstances, at the residence of her husband, the

5th respondent. Three children were born in the wedlock of their

deceased daughter. The complaint in the writ petition is that the

petitioners are being harassed by the police officers.

Investigation into the matter is not being done correctly and

properly. Hence the petitioners approached this Court seeking

the following reliefs:

i) issue a writ of mandamus directing

the 1st respondent to act upon Ext.P1 complaint

and take appropriate action against respondents

2 to 4 for the lapse on their part in investigation

on the death of the petitioner’s daughter –

S.Gangadevi on suspicious circumstances.

ii) issue a writ of mandamus directing

respondents 2 to 4 not to harass the petitioners

on the basis of complaints filed by the 5th

respondent.

2. Adv.Sri.B.H.Mansoor appears for the 5th respondent.

W.P.C.No.28792 of 2010 2

3. As far as the 1st prayer is concerned, we would think

that the petitioners may have to approach the appropriate

court/forum. No doubt, a counter affidavit is filed. The

petitioners, of course, seek time to file reply affidavit. Since we

are not pronouncing on the merits of the allegations made by the

parties, we do not deem it necessary to grant time.

4. The learned Government Pleader would submit that a

suicide note was allegedly left behind by the deceased daughter

of the petitioners tending to implicate the petitioners and her

brother. The learned Government Pleader would submit that all

that is being done is the investigation of the matter and there

would be no harassment of the petitioners.

5. We record the submission made by the learned

Government Pleader and leave open the 1st prayer so that it is

open to the petitioner to seek remedy in the appropriate forum.

6. This writ petition is disposed of as above.




                                            (K.M.JOSEPH, JUDGE)



                                        (M.C.HARI RANI, JUDGE)
jsr



                    // True Copy//     PA to Judge

W.P.C.No.28792 of 2010    3

W.P.C.No.28792 of 2010    4




                          K.M.JOSEPH & M.C.HARI RANI, JJ.




                                             .No. of 200




                                    ORDER/JUDGMENT




                                             30/082010