IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 34584 of 2007(P) -------------------------- PETITIONER: ------------ 1. SAFIYA BEEVI, W/O. LATE MUHAMMAD HANEEFA, AGED 67 YEARS, RESIDING AT PLAVARAKADAYIL VEEDU, PACHIRA, PALLIPPURAM P.O., TRIVANDRUM DISTRICT. 2. M. MUHAMMAD RAFI, S/O. LATE MUHAMMAD HANEEFA, AGED 34 YEARS,PLAVARAKADAYIL VEEDU, PACHIRA, PALLIPPURAM P.O.,TRIVANDRUM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R RESPONDENTS: ------------- 1. DISTRICT SUPERINTENDENT OF POLICE, TRIVANDRUM (RURAL), TRIVANDRUM. 2. CIRCLE INSPECTOR OF POLICE,KAZHAKKOOTTAM,TRIVANDRUM. 3. SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, TRIVANDRUM DISTRICT. 4. BASHEER,BISMIA MANZIL, PACHIRA, PALLIPPURAM P.O., TRIVANDRUM DISTRICT. 5. JALAL, AMLAD MANZIL, PACHIRA, PALLIPPURAM P.O., TRIVANDRUM DISTRICT. 6. ARSHAD, S/O. JALAL, AMLAD MANZIL, PACHIRA, PALLIPPURAM P.O., TRIVANDRUM DISTRICT. 7. NAZARUDEEN, AKHILA MANZIL, PACHIRA, PALLIPPURAM P.O., TRIVANDRUM DISTRICT. ADDL.R8: K.M.SABU, HCT-9087, HEAD CONSTABLE, MANGALAPURAM POLICE STATION, TRIVANDRUM. (ADDL.R8 IMPLEADED AS PER ORDER ON I.A.No.16678/07 DATED 17.12.2007.) BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34584/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 27.8.06 SUBMITTED BY THE 2ND PETITIONER. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 7.11.07 SUBMITTED BY THE 2ND PETITIONER. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 20.11.07 SUBMITTED BY THE 2ND PETITIONER. ADDL.EXTS: EXT.P4: TRUE COPY OF THE COMPLAINT DATED 24.11.2007 SUBMITTED BY THE 2ND PETITIONER BEFORE THE MANGALAPURAM POLICE STATION. EXT.P5: TRUE COY OF THE PETITION DATED 26.11.07 SUBMITTED BY THE 2ND PETITIONER. EXT.P6: TRUE COPY OF THE RECEIPT DATED 26.11.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE PETITION DATED 10.12.2007 SUBMITTED BY THE 2ND PETITIONER TO THE RESPONDENT POLICE OFFICERS. EXT.P7(a): TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE DESPATCH OF EXHIBIT P7 BY SPEED POST. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No. 34584 OF 2007 ----------------------------------------------------- DATED THIS THE 7th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners seek the following reliefs. “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to render adequate and meaningful protection to the life of the petitioners and also to prevent the 4th respondent and his men from committing any illegal act affecting the peaceful stay of the petitioners in their residence. (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to conduct an impartial enquiry into Exhibits P2 and P3 complaints submitted by the 2nd petitioner.” The above reliefs are sought in the background of the alleged threat, from the part of respondents 4 to 7, to the life of the petitioners. 2. The learned Government Pleader upon instructions submitted that both parties were summoned to the Police Station and W.P.(C)No.34584/007 - 2- they entered into an agreement and the dispute between them was settled. It is pointed out that the main reason for the dispute between them was the falling of leaves from the trees growing in the property of the 4th respondent into the property of the petitioners. 3. The learned counsel for the petitioners submitted that there was no settlement between the parties and the party respondents are threatening them even now. Some of the police men of Mangalapuram Police Station are supporting the respondents also. In view of the above position, the petitioners seek necessary police protection to them. 4. Though, notice was served on respondents 4 to 7, no one appeared for them. Having regard to the nature of the allegations, if there is any threat to the life of the petitioners, they may inform the 3rd respondent. In that event, the said respondent shall take necessary action in accordance with law to protect the life of the petitioners. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn