IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 35053 of 2011(F) -------------------------- PETITIONER: --------------- BINDU T.V., W/O.KAMALACHANDRAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH SENIOR), ELAMKUNNAPUZHA, (SARATHAM, KOTTAKKAKOM, PAYYILAKKAVU, CHAVARA P.O, KOLLAM 691 583) PREENTLY RESIDING AT SARADA NIVAS, NEAR SUBRAMANYA TEMPLE, ELAMKUNNAPUZHA P.O 682 503. BY ADV. SRI.SHAJI JOSEPH RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, NARAKKAL, ERNAKULAM DISTRICT - 682 505. 2. SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION, ERNAKULAM DISTRICT - 682 505. 3. K.S.VISWANATHAN, S/O.SUKUMARAN, KANDATHIL HOUSE, ELAMKUNNAPUZHA KIZHAKKENADA 682 503. 4. MURUKESH @ MURUGAN, AGED 38 YEARS, S/O.THANKAPPAN, AMMAPARAMBIL HOUSE, ELAMKUNNAPUZHA P.O 682 503. 5. SHIJU, S/O.RAJU, PANIKKASSERY, KIZHAKKENADA, ELAMKUNNAPUZHA-682 503. 6. REMA SIVAN, W/O.SIVAN, HOUSE NO.62/427 AYYAPPANKAVU ROAD (WEST) COCHIN-682 018. 7. THE SUPERINTENDENT OF POLICE, ALUVA (RURAL), ALUVA, ERNAKULAM - 683 101. SENIOR GOVERNMENT PLEAER SRI. C.R.SHYAMKUMAR FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.35053/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE WRITTEN COMPLAINT FILED BY THE STUDENTS DT.04.11.2011. EXT.P2: TRUE COPY OF THE FIR IN CRIME NO.1450/2011 OF NARAKKAL POLICE STATION. EXT.P3: TRUE COPY OF THE REPRESENTATION/COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT. EXT.P4: TRUE COPY OF THE COMPLAINT SUBMITTED BY 4 GIRL STUDENTS BEFORE THE 1ST RESPONDENT. EXT.P4(a):TRUE COPY OF THE MASS REPRESENTATION SUBMITTED BY 9 STUDENTS OF THE SCHOOL BEFORE THE 6TH RESPONDENT. EXT.P5: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING POLICE PROTECTION. /TRUE COPY/ P.S TO JUDGE PIUS C.KURIAKOSE & K. HARILAL, JJ. ===================== W.P.(C)NO. 35053 OF 2011 ===================== Dated this the 23nd day of December 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner who is an HSA(English)(senior) in Government Higher Secondary School, Elankunnappuzha, Near Vypin has filed this writ petition complaining that the third respondent who is President of the P.T.A. of the said school with the support of respondent No.4 who is described as notorious goonda and accused in several cases and the 5th respondent, who is also described as Anti social element of the locality and the 6th respondent, who, we discern, is or was the Principal of the School is threatening the petitioner with danger to life and limbs. According to the petitioner, once she was attacked and the Njarakkal Police have registered Crime No.1450/2011 which is under investigation. Even as the investigation is going on, the threat from the part of the party respondents continues. She WPC. 35053/2011 -2- submits that she is living constantly under fear on account of the threats. It is also alleged that anonymous complaints have been submitted before the Higher authorities of the Higher Secondary Education Department against the petitioner. She has filed this writ petition seeking the following reliefs: i) To issue a writ of mandamus or other appropriate writ or order directing respondents 1,2 and 7 to afford effective and adequate police protection to th life of the petitioner and her family members forthwith; ii) To issue a writ of mandamus or any other writ or order, directing the 7th respondent to conduct investigation on Exts.P3, P4, P4(a) and P5 and submit his report before this Hon'ble court within a time frame as fixed by this Hon'ble Court.” 2. Having considered the claims in the writ petition and the submissions which were addressed at the Bar by Sri Shaji Joseph, learned counsel for the petitioner and C.R.Shyam Kumar, learned Senior Government Pleader, who took notice on behalf of respondents 1, 2 and 7, we are of the view that it is not WPC. 35053/2011 -3- necessary that we take a decision as to the truth or otherwise of the allegations levelled by the petitioner in this writ petition. We are inclined to relegate the duty of getting at the truth of the allegations to the first respondent. The first respondent is directed to conduct an enquiry into Ext.P5 at the earliest. As part of the enquiry, the first respondent can summon or meet respondents 4 to 6. If statement of the 6th respondent is to be taken, the same will be taken in her house and that too in the presence of the Civil Police Officer(Woman). If the enquiry reveals that there is truth in the allegation of the petitioner that there subsists threat to the life and limbs of the petitioner on account of the conspiracy which is hatched between respondents 3 to 6, then it will be the duty of the first respondent or other police officer authorised by him to take such action as necessary for protecting to the life and limbs of the petitioner. 3. We clarify that this judgment is not interpreted to be as acceptance by this Court of the various allegations which have been levelled by the petitioner in this writ petition against any of the party respondents. The petitioner will send a copy of this judgment by registered post acknowledgment due as soon as WPC. 35053/2011 -4- she receives the same to respondents 3 to 6. The writ petition is disposed of as above. PIUS C.KURIAKOSE, JUDGE K. HARILAL, JUDGE ks.