IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31792 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------- V.U.AFSAL, S/O.USMAN, AGED 32 YEARS, VALEPPALLY HOUSE, V.P.MARAKKAR ROAD, EDAPPALLY TOLL ERNAKULAM BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S): ---------------------------- 1. CIRCLE INSPECTOR OF POLICE, KALAMMASSERY, ERNAKULAM DIST.PIN-683 104 2. JOLLY, S/O.GEORGE, CHAVITTY THARA HOUSE, PALLIPURAM,CHERAI, ERNAKULAM DIST.PIN-683 514 3. SURAN, LOCAL COMMITTEE SECRETARY, C.P.I.(M)LOCAL COMMITTEE OFFICE, KALAMASSERY, ERNAKULAM DIST.PIN-683 104 4. MANOJ, LOCAL COMMITTEE MEMBER(DYFI), C.P.I.(M)LOCAL COMMITTEE OFFICE, KALAMASSERY, ERNAKULAM DIST.PIN-683 104 R1 BY STATE ATTORNEY SRI.P.V.VIJAYARAGHAVAN GOVERNMENT PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31792/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER ISSUED TO THE MANAGER UNION BANK, TRIPUNITHURA BY THE PETITIONER. P2 COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF LETTER. P3 COPY OF THE LETTER ISSUED TO THE AREA COMMITTEE AND DISTRICT COMMITTEE OF THE CPI(M), ERNAKULAM AND KALAMASSERY. P4 COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P5 COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31792 OF 2011 ------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The grievance of the petitioner, who claims to be conducting a margin free market shop at Vazhakkala and is also engaged in real estate business, is that the 2nd respondent with whom he had certain business dealings, with the support of respondents 3 and 4 who are respectively the LC Secretary of CPI(M), Kalamassery and LC member of DYFI, Kalammassery is threatening him, his family members and the employees in his margin free market with danger to their lives and also with frequent interference in the business. 2. As directed by us, the learned Government Pleader has taken notice on behalf of the first respondent and we have heard him also. 3. Having considered the averments in the writ petition, the various materials placed on record by the petitioner and the WPC.No.31792/2011 2 submissions of Sri. K.T.Shyamkumar learned counsel for the petitioner, we are of the view that it is not necessary that we examine the truth or otherwise of the allegations in Ext.P5. According to us, relief to a certain extent can be given to the petitioner even without issuing notice to the party respondents 2 to 4. Accordingly, we dispose of this writ petition issuing the following directions; The first respondent is directed to take up Ext.P5 immediately. He will conduct a thorough enquiry into Ext.P5. As part of the enquiry, he will summon or meet respondents 2 to 4. If the enquiry reveals that there is subsisting threat to the lives of the petitioner, the members of his family and to the petitioner's employees from respondents 2 to 4, the first respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner, his family members and also the employees. So also if the enquiry reveals that there is interference by the respondents 2 to 4 in the business conducted by the petitioner at Vazhakkala without any justifiable reason, the first respondent will take such steps as are necessary for preventing such interference. WPC.No.31792/2011 3 The petitioner is directed to send a copy of this judgment by registered post with Acknowledgment Due to respondents 2 to 4 as and when he gets the same. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk