IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 30878 of 2011(H) ---------------------------------------- PETITIONER(S): ----------------------- M.M. JAHANGIR, S/O.MOHAMMED SADHEEQ, AGED 30 YEARS, MALAVILAPOIKA PUTHENVEETTIL, OCHNTHURUTHU P.O, KOCHI- 682 508. BY ADV. SRI.DENIZEN KOMATH, SRI.SHERRY J. THOMAS. RESPONDENT(S): -------------------------- 1. K.H. ABBAS, S/O.HAMSA, KUZHIKKANDATHIL HOUSE, THEKKEN MALIPPURAM COLONY, AZHEEKKAL P.O., 682 510 2. CIRCLE INSPECTOR OF POLICE, NJARAKKAL CIRCLE, NJARAKKAL P.O, KOCHI- 682 510. 3. SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL P.O., KOCHI- 682 510. R2 & R3 BY GOVT. PLEADER MR.DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30878 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF ONE AMONG MANY OF THOSE NEWSPAPER REPORTS THAT CAME IN THE RASHTRA DEEPIKA DAILY DATED 21-10-11. EXT.P2 TRUE PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE RASHTRA DEEPIKA DAILY DATED 16-09-2011. EXT.P2(A) TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 17/09/2011. EXT.P3 TRUE PHOTOCOPY OF THE COMPLAINT GIVEN IN WRITING BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16-11-2011. EXT.P3(A) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 16-11-2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30878 OF 2011 ------------------------ Dated this the 19th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who is the elected member of Ward No.XIX of Elamkunnappuzha Grama Panchayat and the Chairman of the Welfare Committee of the above Panchayat, has filed this writ petition seeking police protection against the threats and contumacious acts of the first respondent, who is alleged to be 'an infamous notorious criminal goon leader'. It is also alleged that the first respondent is 'abetting and aiding sale of ganja in this part of Ernakulam District'. According to the petitioner, he is an activist in the crusade against anti-social activities in the area to which the first respondent and members of his gang are very much antagonised. The petitioner alleged that there was an attempt of assault on him by the first respondent and two of its aids on 6/11/2011. His grievance is that even though he WPC.No.30878/2011 2 submitted Ext.P3 complaint before the 3rd respondent - Sub Inspector of Police, the 3rd respondent has not taken any action. 2. As directed by us, Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 2 and 3 and we have heard him also. 3. We are not inclined to examine the correctness of the allegations levelled by the petitioner against the first respondent in this writ petition or in Ext.P3 complaint. Since Ext.P3 reveals a very grim state of affairs, we direct the 3rd respondent to look into Ext.P3 immediately. As part of the enquiry to be conducted in Ext.P3, the 3rd respondent shall meet or summon the first respondent. If the enquiry reveals that the allegations contained in Ext.P3 are correct, the 3rd respondent will take such action as is necessary for protecting the live and limbs of the petitioner from any danger on account of the first respondent and those under him. We clarify once again that we have not entered any finding regarding the correctness of the allegations levelled against the first respondent. 4. The petitioner is directed to send a copy of this judgment to the first respondent by Registered Post with WPC.No.30878/2011 3 Acknowledgment Due as soon as he receives the same. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk