Disposed

T.S.Ashish v. State Police Complaint Authority

Kerala HC10 Oct 2022WP(C)/25598/2022

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition by directing the Thiruvananthapuram District Police Complaints Authority to consider the petitioner's complaint filed thereunder and take a decision, strictly confined to powers under Section 110 of the Kerala Police Act.

What did the court decide?

Direction to 2nd respondent to consider Ext.P5 and decide within two months after notice and hearing.

T.S.Ashish Vs State Police Complaint Authority — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 10^TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944

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WP(C) NO. 25598 OF 2022

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PETITIONER/S:

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T.S.ASHISH AGED 29 YEARS S/O G. THULASEEDHARAN NAIR, AGED 29 YEARS, T.C.39/1595(1), APARNA HOUSE, MANAKKAD P.O., KILLIPALAM, THIRUVANANTHAPURAM - 695009. BY ADV LATHEESH SEBASTIAN

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RESPONDENT/S:

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1 STATE POLICE COMPLAINT AUTHORITY TC 15/1402, LANE-2, TAGORE NAGAR,VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014, REPRESENTED BY ITS SECRETARY.

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2 ADDL.R2. THIRUVANANTHAPURAM DISTRICT POLICE COMPLAINT AUTHORITY COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 043 REPRESENTED BY ITS SECRETARY. (IS IMPLEADED AS PER ORDER DATED 30.09.2022 IN I.A.1/2022 IN WP(C)25598/2022.) BY ADV LATHEESH SEBASTIAN

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OTHER PRESENT:

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SRI.APPU P.S(G.P)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 25598 OF 2022

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JUDGMENT

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Dated this the 10^th day of October, 2022

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The writ petition was filed seeking a direction to the State Police Compliants Authority to consider and dispose of Ext.P1 complaint pending before it. During the pendency of this writ petition, the State Police Complaints Authority passed Ext.P4 order, rejecting the petitioner’s complaint and leaving it open for the petitioner to approach the District Police Complaints Authority. Accordingly, the petitioner has filed Ext.P5 compliant before the District Police Complaints Authority, Thiruvananthapuram and has impleaded that Authority as an additional respondent.

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2.Learned counsel for the petitioner submitted that the petitioner will be satisfied with a direction to the 2^nd respondent to consider Ext.P5 and take appropriate decision thereon.

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Learned Government Pleader points out that, while rejecting Ext.P1 complaint, the 1^st respondent had taken note of the fact that certain civil suits are pending between the parties. It is submitted that in above circumstances, a direction from this court may result in the District Police Complaints Authority considering the civil disputes also.

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Having heard the learned counsel on either side, the writ petition is disposed of directing the 2^nd respondent to consider Ext.P5 and take an appropriate decision thereon, strictly confining to the powers conferred on it under Section 110 of the Kerala Police Act.

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WP(C) NO. 25598 OF 2022

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The order, as directed above, shall be passed within an outer limit of two months, after affording an opportunity of hearing to the petitioner and after issuing notice to the affected parties, if any.

Sd/-

V.G ARUN JUDGE

WP(C) NO. 25598 OF 2022

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APPENDIX OF WP(C) 25598/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMPLAINT OF THE PETITIONER IN O.P. NO.22/2022 OF STATE POLICE COMPLAINT AUTHORITY. Exhibit P2 TRUE COPY OF THE NOTICE OF THE RESPONDENT DATED 26.05.2022. Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT TOWARDS PRODUCTION OF DOCUMENTS DEMANDED IN EXT.P2. Exhibit P4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 11.10.2022 Exhibit P5 TRUE COPY OF THE COMPLAINT OF THE PETITIONER FILED BEFORE THE THIRUVANANTHAPURAM DISTRICT POLICE COMPLAINT AUTHORITY Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE THIRUVANANTHAPURAM DISTRICT POLICE COMPLAINT AUTHORITY DATED 26.08.2022

T.S.Ashish v. State Police Complaint Authority

Case brief

What is this about?

What did the court decide?

T.S.Ashish v. State Police Complaint Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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