IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 34815 of 2010(B) ------------------------ PETITIONER : --------------------- K.V.SOORAJ KUMAR, 'DHANYA', OORUTTUKALA, NEYYATTINKARA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 032. 3. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA CIRCLE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 032. 4. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM-695 032. 5. S.K.JAYACHANDRAN, S.K.SADANAM, 'SHEEJA NIVAS', MULLARAVILA, PERUMBAZHATHOOR.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 032. 6. ANISH, S/O.S.K.JAYACHANDRAN, S.K.SADANAM, 'SHEEJA NIVAS', MULLARAVILA, PERUMBAZHATHOOR.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 032. 7. S.K.ASOKAN, 'SINDOORAM', ARALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM-695032. R1 TO R4 BY GOVT. PLEADER SMT. CHARISHMA R5 & R6 BY ADV. SRI.T.RAVIKUMAR R7 BY ADVS. SRI.S.RAJEEV SRI. K. DHERENDRA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 34815 of 2010(B) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE FIR NO. 1560/2010 OF THE NEYYATTINKARA POLICE STATION. EXT.P2 : COPY OF THE REPRESENTATION DATED 14.11.2010 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. EXT.P3 : COPY OF THE NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DATED 21.10.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.34815 of 2010 ------------------------------------------- Dated this the 10th January, 2011 JUDGMENT Basant, J. The petitioner has come to this court seeking directions under Article 226 of the Constitution for issue of appropriate directions to respondents 1 to 4 to provide police protection for him against the alleged culpable, contumacious and violent acts which he perceives from respondents 5 to 7. Respondent No.5 has contested the election to the local self Government bodies. He lost the election. He entertains the impression that the stand taken by the petitioner was responsible for his debacle in the election. The 5th respondent as well as respondents 6 and 7 are now indulging in contumacious, culpable and violent acts against the petitioner. Ext.P1 crime has already been registered. The life of the petitioner is under threat. It is hence prayed that protection may be afforded for the life and person of the petitioner. 2. Notice was ordered to respondents 5 to 7. wpc No.34815/2010 2 Respondents 5 to 7 have entered appearance through counsel. Counsel for respondents 5 and 6 as well as counsel for respondent No.7 assert that respondents 5 to 7 have no intention whatsoever of harming the petitioner in any manner. The allegations are raised vexatiously. The alleged threat to the person and life of the petitioner is non-existent. In these circumstances this writ petition may be dismissed, submit the counsel for respondents 5 to 7. 3. The learned Government Pleader, after taking instructions from respondents 1 to 4 submits that in the perception of respondents 1 to 4, there is no threat to the physical safety or well being of the petitioner from respondents 5 to 7. A complaint was received and Ext.P1 crime was registered. There is no possibility of any such physical violence. If there be any such possibility, respondents 1 to 4 shall take necessary action to prevent such threat to the petitioner, submits the learned Government Pleader. 4. We make record of the submissions made by the counsel for respondents 5 to 7. We make record of the wpc No.34815/2010 3 submissions made by the learned Government Pleader on behalf of respondents 1 to 4. We are now satisfied that there is no necessity or requirement of issuing any specific directions for police protection of the petitioner. If the petitioner has any genuine complaint/apprehension of threat to life or person, he shall be at liberty to complain to respondents 1 to 4 who shall take necessary action as undertaken on their behalf by the learned Government Pleader. 5. With the above observations, this writ petition is allowed in part to the above extent. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/