2023 Supreme(Online)(Ker) 57559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
LATHA K.P. – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 19393/2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945 WP(C) NO. 19393 OF 2009 PETITIONER:
LATHA K.P.
W/O.K.P.SATHYAN, AGED 40 YEARS, THEKKEAANJILIMOOTTIL HOUSE, AROOR P.O., ALAPPUZHA DISTRICT, KERALA STATE.
BY ADVS.
SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH RESPONDENTS:
1 UNION OF INDIA THE SECRETARY (HOME), CENTRAL SECRETARIAT, NEW DELHI.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY (HOME), SECRETARIAT, THIRUVANANTHAPURAM.
3 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
4 THE COMMISSIONER OF POLICE DELHI POLICE, NEW DELHI.
5 CITY POLICE COMMISSIONER KOCHI.
BY ADVS.
SRI.T.SANJAY, CGC SRI.T.P.M.IBRAHIM KHAN ASST.SOLICITOR G ASSISTANT SOLICITOR GENERAL SRI. JUSTIN JACOB – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The present writ petition has been filed on behalf of wife of K.P.Sathyan, who was a Constable working with the Delhi Police, Security Wing. He was expected in his native village on 15.05.2009 for the purpose of attending the wedding of his niece on 25.05.2009. But he did not turn up and complaint was lodged in the Panangad Police, Kochi. Respondents conducted the enquiry but his whereabouts could not be traced. It is in that background, the present writ petition has been filed.
2. This Court during the pendency of the writ petition, on 10.03.2023, directed the respondents to report as to action taken on the complaint filed by the petitioner. Respondent No.4, in compliance of the order, filed a statement and submitted that on instructions received from the then Deputy Commissioner of Police, Security, every possible effort was taken to trace out the Constable. Even hue and cry notices were circulated, missing person squad was informed, National Crime Record Bureau, Unidentified Dead body cell etc. even his particulars were also published in Delhi Police Bulletin and telecasted on 17.07.2009 6.p.m. All efforts were made to trace out the Constable but of no avail. Despite that the Ministry of Home Affairs sanctioned the family pension of the petitioner on 09.03.2013 with effect from
11.12.2009 and efforts to trace out the Constable is still on.
In this view of the matter, I am of the view that no useful purpose would be served in keeping the matter pending. Writ petition stands disposed off.
Sd/-
AMIT RAWAL JUDGE nak APPENDIX OF WP(C) 19393/2009 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER'S HUSBAND EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 5TH RESPONDENT DATED 12.06.2009 EXHIBIT P3 TRUE COPY OF THE E-MAILS SENT BY THE NEPHEW OF THE MISSING PERSON EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY 4TH RESPONDENT DATED 5/06/2009 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
30.06.2009 DATED 17.06.97