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2012 Supreme(Ker) 439

THOTTATHIL B.RADHAKRISHNAN, K.VINOD CHANDRAN
Darlin @ Babu – Appellant
Versus
State of Kerala, Rep. By The Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners:Sabu George, Nidhi Balachandran, Advocates.
For the Respondents: R1 to R3, P. Vijayaraghavan, State Attorney, James Mathew kadavan, Govt. Pleader.

Judgment:-

Thottathil B. Radhakrishnan, J.

1. The petitioners and the 4th respondent are siblings. There are some disputes between them in relation to property. If the petitioners place a complaint about the unauthorized exercise of authority, in violation of law, by any policeman or officer, provisions of the Kerala Police Act provides adequatealternate remedy. The petitioners could take recourse to the Police Complaints Authority and the measures available through that authority. This is available at the district level and the state level. The law governs this as per the Police Acthas been discussed in detail in the judgment of this Courtreported in Aslam & another v. State of Kerala & Others[2011 (2) KLT 601]. In view of such alternate remedy being available and because civil disputes are pending before the civil court, we do not find any ground to issue any order directing the police not to `harass' the petitioners. The writ petition is dismissed without prejudice to the petitioners' taking recourse to what is aforesaid.


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