VELI VARGHEESE Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This public interest litigation is filed complaining mainly that though on 29.11.2017, the Meteorological Department of India had issued warning to the Chief Secretary and the authorities of the State that a cyclone would hit the Kerala coast on 30.11.2017 and the fishermen should be prevented from going into the sea, that information was ignored. It is stated that as a result of the failure on the part of the officers in acting upon the warning, fishermen went to the sea and many lost their lives when hit by the cyclone. It is in this background, Ext.P5 complaint was made to the first respondent seeking that action shall be initiated against the arraying officers. The petitioner alleges that despite the receipt of the complaint, there has not been any action on the part of the first respondent.

(2.) To our mind, if as stated by the petitioner, the complaint discloses any cognizable offence and if there is failure on the part of the first respondent or any officer, who was duty bound to have acted thereon, the remedy available to the petitioner is to move the jurisdictional Magistrate and not a Writ Court. Therefore, this petition is misconceived and is closed without prejudice to the right of the petitioner to move the jurisdictional court for appropriate action in the matter.