IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 7326 of 2008(V) ------------------------- PETITIONERS: --------------- 1. GOPUMON T.K.,PUTHENVILA VEEDU CHITTATINKARA, KIZHUVILAM, ATTINGAL. 2. ANJALI GOPU W/O.GOPUMON T.K., PUTHENVILA VEEDU CHITTATINKARA, KIZHUVILAM, ATTINGAL. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL. 4. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION. 5. PATEL IQBAL IBRAHIM, M.L.A., 26-KHADTHI, FARIYU AT AND POST DETOL, BHARUCH DISTRICT, GUJARAT – 392 020, NOW RESIDING AT BLOCK NO.1/1, SECTOR 21, M.L.A.QUARTERS, GANDHI NAGAR, GUJARAT, PIN 382 021. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.7326/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE DRIVING LICENCE SHOWING THE DATE OF BIRTH. EXT.P2: TRUE COPY OF THE SCHOOL LEAVING CERTIFICATE OF THE 2ND PETITIONER SHOWING THE DATE OF BIRTH. EXT.P3: TRUE OCPY OF THE CERTIFICATE ISSUED BY THE KERALA HINDU MISSION, THIRUVANANTHAPURAM, DATED 16.2.08. EXT.P4: TRUE COPY OF THE RECEIPT ISSUED BY THE KILIMANOOR SREE MAHADEVA TEMPLE DATED 25.2.08. EXT.P5: TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY OF THE PAZHAYAKUNNUMMEL GRAMA PANCHAYAT. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 28.2.08. EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No. 7326 OF 2008 V ----------------------------------------------------- DATED THIS THE 16th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are husband and wife. The second petitioner is the daughter of the 5th respondent, who is a member of the Gujarat Legislative Assembly. The second petitioner turned apostate and married the first petitioner. This was not to the liking of the 5th respondent. The petitioners submit, the 5th respondent came to Kerala and on the motion made by him, the petitioners were called to the Office of the Director General of Police. But finding that they got legally married and they are husband and wife, the DGP, sent them away. But, the goonda gang brought by the 5th respondent came in search of the petitioners. Hindi speaking persons were noticed in the village of the first petitioner and they were searching for his residence. The petitioners submit, they are the muscle men sent by the 5th respondent to finish the first petitioner. So, he has preferred Exhibit P7 representation before the Sub Inspector of Police and thereafter this Writ Petition is filed, seeking appropriate directions to the police to protect their lives. W.P.(C)No.7326/08 -2- 2. The learned Government Pleader upon instructions submitted that the matter has been settled in the presence of the Inspector General of Police and the 5th respondent went away. This Writ Petition is filed only based on the apprehension of the petitioner. The police is keeping a watch over the area and there is night patrolling also, it is submitted. 3. If the petitioners are confronted with any threat of violence from the part of persons sent by the 5th respondent, they may inform the 4th respondent. In that event, the 4th respondent shall look into the same and take appropriate action as the occasion demands, to protect the lives of the petitioners. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn