IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 21188 of 2010(W) -------------------------- PETITIONER(S): --------------- SURESH P., AGED 36, S/O.JANAKI, RESIDING AT D.NO.283, NEAR MUTTATHARA TEMPLE ELAVOOR P.O., ANGAMALY. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM-683 572. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM-683 572. 3. UNNI, AGED 39, S/O.KUTTAPPAN, VATTAMTHALA HOUSE, PUTHUR P.O., THONIPARA, THRISSUR-680 014. 4. JOBY PUTHUSSERY, AGED 25, S/O.JOSEPH PUTHUSSERY HOUSE, ELAVOOR P.O., KUNNAPPILLYSSERI, ANGAMALY, ERNAKULAM-683 572. 5. MADHAVAN, AGED ABOUT 58, FATHER'S NAME NOT KNOWN APPATH;Y HOUSE, ELAVOOR P.O., ANGAMALY, ERNAKULAM-683 572. 6. VARGHESE, AGED ABOUT 42, FATHER'S NAME NOT KNOWN, PUTHUSSERY HOUSE ELAVOOR P.O., KUNNAPPILLYSSERI ANGAMALY, ERNAKULAM-683 572. 7. THILAKAN, AGED ABOUT 56, S/O.AYYAPPAN, PALLITHARA HOUSE, ELAVOOR P.O., ANGAMALY, ERNAKULAM-683 572. ADV. SRI.S.SUDHISH KUMAR FOR R3 TO 7 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.21188 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE CONTRACT EXECUTED BY THE 3RD RESPONDENT DATED 29/01/2010 IN FAVOUR OF M/S HASHIM A1 MOSOWI GEN.CONT.EST. EXT.P2: TRUE COPY OF THE CONTRACT EXECUTED BY THE 4TH RESPONDENT DATED 29/01/2010 IN FAVOUR OF M/S HASHIM A1 MOSOWI GEN.CONT.EST. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 07/05/2010 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE COMPLAINT DATED 24/6/2010. EXT.P5 SERIES (A)- SALARY SLIP FOR THE MONTH OF FEBRUARY 2010 ACKNOWLEDGED BY THE 3RD RESPONDENT. (B) - SALARY SLIP FOR THE MONTH OF APRIL 2010 ACKNOWLEDGED BY THE 3RD RESPONDENT. (C) - SALARY SLIP FOR THE MONTH OF MAY 2010 ACKNOWLEDGED BY THE 3RD RESPONDENT. EXT.P6 SERIES (A)- SALARY SLIP FOR THE MONTH OF FEBRUARY 2010 ACKNOWLEDGED BY THE 4TH RESPONDENT. (B)- SALARY SLIP FOR THE MONTH OF MARCH 2010 ACKNOWLEDGED BY THE 4TH RESPONDENT. (C)- SALARY SLIP FOR THE MONTH OF APRIL 2010 ACKNOWLEDGED BY THE 4TH RESPONDENT. EXT.P7: LETTER DATED NIL ISSUED BY THE 3RD RESPONDENT. EXT.P8: LETTER DATED NIL ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE C.I. OF POLICE, ANGAMALY. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.21188 of 2010 ---------------------------------------- Dated this the 8th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the 1st and 2nd respondent to provide adequate police protection to the petitioner from the respondents 3 to 7; forthwith, 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is working with a man power recruiting agency. Respondents 3 and 4, who are the neighbours of the petitioner, were recruited with a company at Saudi Arabia. Respondents 3 and 4 requested the intervention of their families to get them deported back to India. The parents and relatives of respondents 3 and 4 raked up agitation against the petitioner. The 3rd respondent is having criminal antecedents and according to respondents 5 to 7 he is a notorious goonda. Respondents 3 to W.P.C.No.21188 of 2010 2 7 are threatening the petitioner's life to compensate them for recruiting to Saudi Arabia. Respondents 3 to 7 have filed counter affidavit. Petitioner has filed reply affidavit. 4. We feel that the writ petition can be disposed of as follows: 5. If the petitioner brings to the notice of respondents 1 and 2 any complaint of threat from respondents 3 to 7, the officer, before whom the complaint has been filed, shall look into it and if the complaint is found genuine, such Officer shall afford protection to the life of the petitioner as against respondents 3 to 7 or such of them who are indulging in threatening the petitioner. We make it clear that it is without prejudice to the rights of the parties to approach any court/forum to resolve the issue. If the matter comes before any court/forum, the said court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.21188 of 2010 3 W.P.C.No.21188 of 2010 4 W.P.C.No.21188 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010