High Court Kerala High Court

Dr. Cheriyath Jyothi “Mithilam” vs The Cabinet Secretary on 9 March, 2010

Kerala High Court
Dr. Cheriyath Jyothi “Mithilam” vs The Cabinet Secretary on 9 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 367 of 2010()


1. DR. CHERIYATH JYOTHI "MITHILAM",
                      ...  Petitioner

                        Vs



1. THE CABINET SECRETARY, GOVERNMENT
                       ...       Respondent

2. THE CHIEF SECRETARY, GOVERNMENT OF

                For Petitioner  :SRI.CHERIYATH JYOTHI (PARTY-IN-PERSON)

                For Respondent  :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :09/03/2010

 O R D E R
                          P.R.RAMAN, AG. C.J. &
                   C.N.RAMACHANDRAN NAIR, J.
              ....................................................................
                        Writ Appeal No.367 of 2010
              ....................................................................
                 Dated this the 9th day of March, 2010.

                                     JUDGMENT

Ramachandran Nair, J.

Writ Appeal is filed against judgment of the learned Single Judge

declining to issue any direction in terms of the prayer made by the

appellant. We have heard the appellant in person who has stated that

he is a pensioner and is being harassed by people of his area. The

learned Single Judge found that besides mere allegations of a general

nature, the petitioner has not made out a case for any injury or

threatened injuries to his person or liberty. On our specific query as to

whether he has launched any complaint before anywhere, he has given

us a copy of the petition filed by him before Kazhakoottam Police

Station. On going through the same, we find that the appellant’s

grievance is that his previous land owners have withheld an advance

deposit of Rs.20,000/- and they have trespassed into his house and

threatened him so that he does not pursue his claim. We, therefore,

thought of securing the money to the appellant and asked him whether

W.A.367/2010 2

we should get enquiry conducted by issuing instruction to the

Government Pleader. However, he does not appear to be interested in

pursuing his claim against the so-called landlords. Besides generally

stating that the appellant is apprehensive of interference with personal

life, particularly in regard to the internet, telephone etc. maintained by

him, he has not brought to our notice any specific case of interference

by any authority or any one affecting his personal liberty or privacy.

Since no specific grievance is established or allegation made against

any authority of the State, we are unable to issue any direction.

Consequently we uphold the judgment of the learned Single Judge and

dismiss the Writ Appeal.

P.R.RAMAN
Acting Chief Justice

C.N.RAMACHANDRAN NAIR
Judge

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