IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21197 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------ G.MANOHARAN,SARITHA VIHAR,KOOVALASHERY, MARANALLUR VILLAGE,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION,NEYYATTINKARA, THIRUVANANTHAPURAM.PIN- 695 121. 2. B.SHYJU,S/O.BALAKRISHNAN,SARASWATHI BHAVAN, KALATHUKAL, KARAKULAM, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM.PIN- 695 128. 3. SREEKUMARAN NAIR,SUPRIYA HOUSE, TC 29/1542,CRK-99, KAIRALI LANE,WEST FORT,FORT P.O, THIRUVANANTHAPURAM.PIN- 695 032. R1 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R2 & R3 BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21197/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 24/3/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P2 COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER AND THE 2ND RESPONDENT. P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29/6/2011 TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21197 of 2011 ------------------------------- Dated this the 12th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has approached this Court seeking protection for his life from respondents 2 and 3. The allegation is that the 1st respondent is aiding respondents 2 and 3 by enforcing Ext.P2 agreement, which was illegally brought into existence in the police station. Learned Government Pleader on the basis of instructions received submitted that, there is no threat subsisting on the life of the petitioner or the family members of the petitioner from respondents 2 and 3. Ext.P2 agreement was willingly executed by the petitioner and the party respondents. The same done not it in the police station, but the agreement entered into at a place called Ooruttambalam. At any rate there is no compulsion on the part of the police on the petitioner to implement Ext.P2 and there will not be any 2 W.P.(C) No.21197 of 2011 compulsion also. We record all the submissions of the learned Government Pleader. We accept the learned Government Pleader's submission that at the moment there is no threat on the life of the petitioner or the family members of the petitioner. At the same time in view of the apprehensions voiced by learned counsel for the petitioner Sri.R.V.Sreejith, we direct the 1st respondent to entertain any complaint which may be received from the petitioner of threat on the lives of himself and his family members from respondents 2 and 3 and to take immediate action on the basis of enquiry to be conducted. If the petitioner feels that the 1st respondent is lethargic, then the petitioner is permitted to approach the immediate superior officer of the 1st respondent, who in turn will be bound to comply with these directions as though they are addressed to him. It is needless to mention that if the police is not taking prompt action on a genuine complaint submitted by the petitioner of manhandlement or attempt of 3 W.P.(C) No.21197 of 2011 manhandlement from the party respondents, the petitioner will be free to approach the Judicial Magistrate having jurisdiction over the area. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/