IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 25315 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. SUNIL, S/O.VIJAYARAJAN, VISHNU VILASOM, KALLOOR PADINJATTATHIL VEEDU, MANJAMONKALA, PUNALUR P.O., KOLLAM DISTRICT. 2. BINDU, W/O.SUNIL, VISHNU VILASOM, KALLOOR PADINJATTATHIL VEEDU, MANJAMONKALA, PUNALUR P.O., KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT SUPERINTENDENT OF POLICE, PUNALUR. 3. THE SUB INSPECTOR OF POLICE,PUNALUR. 4. ROBIN, S/O.A.JOHN, KANJIRAMVILA VEEDU, SNEHA NAGAR, THOLIKODE P.O., PUNALUR. 5. TOMY, S/O.A.JOHN, KANJIRAMVILA VEEDU, SNEHA NAGAR, THOLIKODE P.O., PUNALUR. 6. RAJEEV, S/O.RAJENDRAN, RAILWAY PURAMBOKKU, CHEMMANTHOOR, PUNALUR P.O. 7. ANI, S/O.SANTHA, RAILWAY PURAMBOKKU, JAYABHARATHAM COLONY, PUNALUR P.O. , PUNALUR. 8. SAFEER, S/O.SALIM, KOCHAYYATHU VEEDU, CHEMMANTHOOR, PUNALUR P.O., PUNALUR. BY GOVERNMENT PLEADER SHRI SALIM P.A. FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.25315/08 PETITIONERS' EXTS: EXT.P1: PHOTOCOPY OF THE WOUND CERTIFICATE DATED 21.11.07. EXT.P2: PHOTOCOPY OF THE COMPLAINT DATED 21.11.07 BEFORE THE 3RD RESPONDENT. EXT.P3: PHOTOCOPY OF THE REPRESENTATION DATED 13.2.08 BEFORE THE 2ND RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.25315 OF 2008 L ----------------------------------------------------- DATED THIS THE 19th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are running a chitty. The 4th respondent is one of their subscribers and respondents 5 to 8 are his local muscle men. The 4th respondent who received the chitty amount defaulted to pay the subsequent instalments, the total of which will come to Rs.1,000/-. Since, they demanded the said amount from the 4th respondent, respondents 4 to 8 manhandled them, it is submitted. Exhibit P1 is the accident-cum-wound certificate relating to the first petitioner. Though, the first petitioner's wife moved the police, no effective action was taken, it is submitted. Later, a crime was registered, but it was not being properly investigated. The petitioners, thereafter, moved the Police Officers, seeking necessary protection for their lives. Alleging that no protection is extended, this Writ Petition is filed. 2. The learned Government Pleader upon instructions submitted that based on the information lodged by the W.P.(C)No.25315 /08 -2- petitioners, a crime has been registered against the culprits. Further, it is submitted that the petitioners are running an illegal chitty, without any registration. 3. Though, notice was served, no one appeared for respondents 4 to 8. If there is any threat to the life of the petitioners from respondents 4 to 8, they may inform the 3rd respondent. In that event, the said respondent shall look into the complaint and take appropriate action, as the occasion demands. But, this order shall not be used by the petitioners to run the unauthorised chitty or to make collections from their subscribers. In other words, the police shall not extend any protection to the petitioners to run the chitty. This judgment will not affect any of the customers of the petitioners other than the 4th respondent. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn