Dispossession of a writ petition alleging police harassment of linguistic minorities. The court refused relief after nearly nine years, leaving the petitioner liberty to approach police if harassment persists. No substantive legal principle was laid down.
Compact of the writ petition; liberty to approach police if harassment subsists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 3914 OF 2014
PETITIONER:
V.SUNDARAMOORTHY GENERAL SECRETARY, M/S.TAMIL MAKKAL SANGHAM, S/O.DURAISWAMY, MANGALATH HOUSE, SOUTH CHITTUR, COCHIN-682027.
BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.
RESPONDENTS:
1 SUB INSPECTOR OF POLICE KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAMDISTRICT, PIN-683104.
5 COMMISSIONER FOR LINGUISTIC MINOROTIES NO.40, AMARNATH JHA MARG, ALLAHABAD, UTTAR PRADESH, PIN-211002.
W.P.(C.) No. 3914/2014 2
ADDITIONAL SECRETARY I, (LINGUISTIC MINORITIES OFFICER) GOVERNMENT OF KERALA, GENERAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM-695001.
R1 TO R4 AND R6 BY SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER
R5 BY SRI.MANU.S, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 3914/2014 3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
“i) Issue a writ of mandamus or any other appropriate writ or order commanding the 4th respondent to consider and take action on Ext.P2 complaint filed by the petitioner.
(ii) Issue a writ of mandamus or any other appropriate writ or order restraining the respondents 1 to 3 and their subordinate from interfering with the peaceful living of linguistic minority people in Ernakulam District without valid reason. ”
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4 Now, almost nine years have elapsed and I do not think at this distance of time, the directions as are sought for by the petitioner can be granted.
After hearing Sri. G. Hariharan, learned counsel for the petitioner and the learned Senior Government Pleader, Sri. Joby Joseph, this writ petition is disposed of leaving open the liberty of the petitioner to approach police, if anything in the nature of harassment as is alleged by the petitioner in the writ petition is still subsisting.
Sd/-
SHAJI P. CHALY JUDGE
DCS/13.01.2023
W.P.(C.) No. 3914/2014 5
APPENDIX
PETITIONER EXHIBITS
EXT.P1 COPY OF THE REGISTRATION CERTIFICATE ISSUED ON 11 APRIL 2007 BY THE REGISTRAR OF SOCIETIES. EXT.P2 COPY OF THE COMPLAINT DATED 12.01.2013 FILED BY THE PETITIONER ADDRESSED TO THE 4TH RESPONDENT EXT.P3 COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4TH RESPONDENT FOR HAVING RECEIVED EXHIBIT P2 EXT.P4 COPY OF THE COMMUNICATION SENT BY A CIVIL POLICE OFFICER ATTACHED TO HARBOUR POLICE STATION IN CONNECTION WITH C.C.471/2012. EXT.P5 COPY OF THE PAPER REPORT PUBLISHED IN MATHRUBHOOMI IN DAILY DATED 26.11.2013.
V. Sundaramoorthy
Sub Inspector of Police Kalamassery
Sub Inspector of Police Kombara
Sub Inspector of Police Harbour
City Police Chief Office of the Police Commissioner
Commissioner for Linguistic Minorities
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
