IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 32402 of 2010(A) --------------------------------- PETITIONER(S): ------------------- 1. SASIDHARAN @ PODIYAN, RAGHU BHAVANANM, GRAMAM MURI, ENNAKKAD VILLAGE. 2. DEVAKI, W/O.SASIDHARAN, DO. DO. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): -------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA-688 001. 2. CIRCLE INSPECTOR OF POLICE, MANNAR POLICE STATION, ALAPPUZHA-689 622. 3. SUNITHA, SUNITHA BHAVAN, GRAMAM MURI, ENNAKKAD VILLAGE, CHENGANNUR, ALAPPUZHA-689 121. 4. VASUDEVAN, SUNITHA BHAVANAM, GRAMAM MURI, ENNAKKAD, CHENGANNUR, ALAPPUZHA-689 121. 5. RAJESH, ITTAZHINETHU VEETTIL, GRAMAM VILLAGE, ALAPPUZHA-689 121. 6. RAJEEV, ITTAZHINETHU VEETTIL, GRAMAM VILLAGE, CHENGANNUR, ALAPPUZHA-689 121. R1 & R2 BY GOVT.PLEADER SMT.KARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 32402/2010(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DATED 01/10/1982. P2: COPY OF THE ORDER DATED 09/02/2009 IN C.M.P.NO.364/2009 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - II. P3: COPY OF THE OBJECTION FILED BY THE PETITIONERS M.C.16/2009 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - II, HARIPAD P4: COPY OF THE ORDER IN CMP NOS.694/2009 AND 364/2009 IN M.C.NO.16/2009 DATED 06/05/2009 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - II, HARIPAD. P5: COPY OF THE WOUND CERTIFICATE OF THE PETITIONERS FROM THE GOVERNMENT TALUK HEADQUARTERS HOSPITAL MAVELIKKARA DATED 08/06/2010. P6: COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM THE GOVERNMENT TALUK HEADQUARTERS HOSPITAL MAVELIKKARA DATED 09/06/2010. P7: COPY OF THE DISCHARGE CERTIFICATE AND TREATMENT CHITS OF PETITIONERS ISSUED FROM THE MEDICAL COLLEGE HOSPITAL KOTTAYAM. P8: COPY OF THE FIR AND FINAL REPORT FILED IN CRIME NO.299/2010 OF MANNAR POLICE STATION. P9: COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 29/06/2010. P10: COPY OF THE PETITION DATED NIL FILED BEFORE THE MAGISTRATE COURT. P11: COPY OF THE OBJECTION TO EXHIBIT P10. P12: COPY OF THE ORDER OF THE DATED 15/07/2010 IN CMP.NO.1456/2010 IN M.C.NO.16/2009 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - II, HARIPAD. P13: COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE svs/ K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.32402 of 2010 ---------------------------------------- Dated this the 4th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking police protection against respondents 4 to 6. The 3rd respondent is the wife of the elder son of the petitioner. The 4th respondent is the father of the 3rd respondent. It is submitted that respondents 5 and 6 are the henchmen of the 4th respondent. Though served, there is no representation for respondents 4 to 6. The learned Government Pleader would submit that, as of now, there is no problem. 2. The learned counsel for the petitioners submits that there can be problems even in the future. In the light of the submissions made, we dispose of the writ petition as follows: If the petitioners complain of any threat to their lives as against respondents 4 to 6 before the 2nd respondent, the 2nd respondent will look into the same and if it is found genuine, he shall provide protection to the lives of the petitioners as against respondents 4 to 6 as and when required. We further make it clear that we W.P.C.No.32402 of 2010 2 have not pronounced on the merits of the contentions as such and 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.32402 of 2010 3 W.P.C.No.32402 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010