Writ petition challenging delay in investigation and seeking effective investigation by another agency. Court notes investigation completed, final report laid, and matter committed to Sessions Court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 25TH DAY OF JUNE 2018 / 4TH ASHADHA, 1940
WP(C).No. 13427 of 2016
PETITIONER(S)
SEBASTIAN ALAKKATTUSERRY AGED 80 YEARS, S/O VARGHESE JOSEPH, 6840 FIELDING AVENUE, SUITE 310, MONTREAL, QC H4VIN9, CANADA. HAVING RESIDENCE AT KERALA, ALAKKATTUSERRYIL HOUSE, THUMPOLY P.O., ALAPPUZHA, PIN:688008.
BY ADVS.SRI.PREMCHAND R.NAIR SRI.JOSE SEBASTIAN VAZHAPPILLY
RESPONDENT(S):
1. STATE OF KERALA
2. SECRETARY TO LAW DEPARTMENT, STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN:695001.
3. STATE POLICE CHIEF STATE OF KERALA, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.
4. THE DISTRICT POLICE CHIEF
5. THE CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR, CBI HEAD OFFICE, PLOT NO:5B, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.
6. THE SUPERINTENDENT OF POLICE CRIME BRANCH, ALAPPUZHA, PIN:688011.
7. THE STATION HOUSE OFFICER ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA, PIN:688007.
R5 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I. R1 TO R4, R6 & R7 BY GOVERNMENT PLEADER SRI.RAMESH CHAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13427 of 2016 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: |
TRUE COPY OF THE FIR ALAPPUZHA NORTH POLIC |
NO:765 REGISTERED BY THE E DATED 12.8.2010. |
|---|---|---|
| EXHIBIT P2: |
THE TRUE COPY OF THE WIFE OF THE ALAKKATTUSSERY ISSUED CANADA ON 11.3.1991. |
PASSPORT OF THE DECEASED PETITIONER ALEYAMMA BY THE GOVERNMENT OF |
| EXHIBIT P3: |
THE TRUE COPY OF THE CERTIFICATE DATED 13. DIRECTORATE OF MEDICA MEDICAL COLLEGE. |
AUTOPSY REPORT 8.2010 ISSUED BY THE L EDUCATION, ALLEPPEY |
| EXHIBIT P4: |
THE TRUE COPY OF THE BY THE PETITIONER BEF KERALA DATED 4.2.2016 |
REPRESENTATION SUBMITTED ORE THE HOME MINISTER OF . |
| EXHIBIT P5: |
THE TRUE COPY OF THE BEFORE THE SECRETARY GOVERNMENT OF KERALA RESPONDENT AND THE OP KERALA DATED 29.1.201 |
REPRESENTATION SUBMITTED TO THE LAW DEPARTMENT, AND TO THE IST POSITION LEADER OF 6. |
| EXHIBIT P6: |
THE TRUE COPY OF THE 1.2.2016 EVIDENCING T REPRESENTATIONS TO TH |
POSTAL RECEIPTS DATED HE ISSUANCE OF THE E AUTHORITIES. |
| EXHIBIT P7: |
THE TRUE COPY OF THE CARDS EVIDENCING REPRESENTATION DATED |
POSTAL ACKNOWLEDGEMENT THE RECEIPT OF 3.2.2016. |
| EXHIBIT P8: |
THE TRUE COPY OF THE THE AUTHORITY OF CANA 24.12.2015. |
COMMUNICATION ISSUED BY DIAN GOVERNMENT DATED |
| EXHIBIT P9: |
THE TRUE COPY OF THE BEFORE HON'BLE MUNSIF MONTH OF JANUARY DATE |
PLAINT OS NO.42/2016 FILED F COURT, ALAPPUZHA IN THE D NIL. |
| EXHIBIT P10: |
THE TRUE COPY OF THE DEFENDANT IN THE SUIT (WRONGLY MENTIONED AS |
OBJECTION FILED BY THE OS NO.42/2016 DATED 9.2.2016 9.2.2015. |
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE
Pn 26/06
SUNIL THOMAS, J.
W. P. (C). No. 13427 of 2016
Dated this the 25th day of June, 2018
J U D G M E N T
Petitioner has approached this Court contending that there is considerable delay in the investigation and sought for an effective investigation by another agency.
the matter has been committed to the Sessions Court by order on 20.03.2018.
This submission is recorded and the writ petition is closed reserving the right of the petitioner to seek his relief in accordance with law, if any, further grievance survives.
Sd/-
SUNIL THOMAS, JUDGE.
Pn 26/06
Sebastian Alakkattuserry
State of Kerala
Secretary to Law Department, State of Kerala
State Police Chief, State of Kerala
District Police Chief, Alappuzha
Central Bureau of Investigation
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
