IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34811 of 2011(B) -------------------------- PETITIONERS: --------------- 1. MINI USHAR, AGED 40 YEARS, W/O.JOHN K.USHAR, ATTIYIL EBENEZER HOUSE, PONNIMATTOM KARA,PALLOM POST, NATTAKOM VILLAGE, KOTTAYAM DIST 2. JOHN ATTIYIL,AGED 19 YEARS, S/O.JOHN K.USHAR, ATTIYIL EBENEZER HOUSE, PANNIMATTOM KARA, PALLOM POST, NATTAKOM VILLAGE, KOTTAYAM DIST 3. KURUVILLAS ATTIYIL, AGED 10 YEARS, REP.BY HIS MOGHER,MINI USHAR,ATTIYIL EBENEZER HOUSE, PANNIMATTOM KARA, PALLOM POST, KOTTAYAM DIST BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE BUILDING,KOTTAYAM PIN-686001 2. THE C.I.OF POLICE, CHANGANACHERRY CIRCLE CHANGANACHERRY POLICE STATION, CHANGANACHERRY POST KOTTAYAM DIST, PIN-686001 3. THE SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION CHINGAVANAM POST, KOTTAYAM TALUK PIN-686001 4. T.C.GEORGE, AGED ABOUT 60 YEARS, THADATHIL PARAMBIL HOUSE,NEAR PANNIMATTOM JUNCTION PALLAM POST, NATTAKOM VILLAGE, KOTTAYAM, 686001 5. KUNJOOJAMMA, AGED ABOUT 55 YEARS, W/O.T.C.GEORGE THADATHIL PARAMBIL HOUSE, NEAR PANNIMATTOM JUNCTION, PALLOM POST, NATTAKOM VILLAGE, KOTTAYAM DIST-686001 GOVERNMENT PLEADER SRI.SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34811 of 2011(B) APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE PROPERTY TAX RECEIPT DT.07.02.11 ISSUED FROM KOTTAYAM MUNICIPALITY IN THE NAME OF PETITIONER AND HER HUSBAND RELATING TO THEIR RESIDENTIAL PROPERTY. EXT.P2: TRUE COPY OF THE RECEIPT DT.04.12.2011 ISSUED TO PETITIONER FROM THE OFFICE OF 3RD RESPONDENT. EXT.P3: TRUE COPY OF 1ST PETITIONER'S COMPLAINT DT.13.12.11 SUBMITTED TO 1ST RESPONDENT. EXT.P3A:TRUE COPY OF RECEIPT DT.14.12.11 ISSUED TO 1ST PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT WHILE RECEIVING EXT.P3 COMPLAINT. EXT.P4: TRUE COPY OF 1ST PETITIONER'S COMPLAINT DT.13.12.11 SUBMITTED TO 2ND RESPONDENT. EXT.P4A:TRUE COPY OF RECEIPT DT.13.12.11 ISSUED TO 1ST PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT WHILE RECEIVING EXT.P4 COMPLAINT. EXT.P5: TRUE COPY OF 1ST PETITIONER'S COMPLAINT DT.13.12.11 SUBMITTED TO 3RD RESPONDENT. EXT.P5A:TRUE COPY OF RECEIPT DT.13.12.11 ISSUED TO 1ST PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT WHILE RECEIVING EXT.P5 COMPLAINT. /TRUE COPY/ P.S TO JUDGE PIUS C.KURIAKOSE & K. HARILAL, JJ. ===================== W.P.(C) No. 34811 of 2011 ===================== Dated this the 22nd day of December 2011 JUDGMENT Pius C.Kuriakose,J. The petitioners, mother and sons have filed this writ petition seeking police protection in respect of their lives and limbs, from threatened assaults and other contumacious acts of respondents 4 and 5, who are their neighbours. It is stated that respondents 4 and 5 are conducting chicken business in their premises. They demolished a portion of the petitioner's compound wall for the purpose of dumping the chicken waste into the petitioner's compound. This was objected to by the petitioners, who filed a complaint before the local police. The local police came to the scene and they became convinced about the genuineness of the petitioner's complaint. The police permitted the petitioners to reconstruct the compound wall in to its original condition. When the petitioners started the reconstruction work, then respondents 4 and 5 got wild. They would physically assault the first petitioner and the third petitioner, who is a young school going boy. The police have registered a crime against respondents 4 and 5 in respect of the WPC 34811/2011 -2- above incident. But in spite of the registration of Crime and the investigation being conducted into the same, respondents 4 and 5 are perpetrating further contumacious acts against the petitioners. The petitioners are living in constant fear on account of the threat of respondents 4 and 5. Hence, this writ petition for protection for lives of the petitioners. 2. On this writ petition coming up for admission, Shri Susheel Cyriac, Senior Government Pleader has taken notice on behalf of respondents 1 to 3. 3. Having considered the averments in the writ petition and various documents produced along with the writ petition and submissions addressed at the Bar by Mr. P.Kuruvilla Jacob , learned counsel for the petitioner and Shri Susheel Cyriac, Government Pleader, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegation of the petitioner. Ext.P4 is a petition submitted by the first petitioner before the 2nd respondent, Circle Inspector of Police. The 2nd respondent is directed to take up Ext.P4 immediately and to conduct a thorough and sincere enquiry into the same. As part of the enquiry, the 2nd respondent can summon respondents 4 and 5. If the enquiry reveals that the WPC 34811/2011 -3- allegations in Ext.P4 are true and that there subsists threat to the lives and limbs of the petitioners from the part of respondents 4 and 5, the 2nd respondent either directly or through officers under him shall take such steps as are necessary for protecting the lives and limbs of the petitioner. At any rate, it should be ensured that the 3rd petitioner is able to pursue his studies peacefully without being obstructed in any manner by respondents 4 and 5. The petitioners are directed to send a copy of this judgment as soon as receive the same to respondents 4 and 5 by registered post acknowledgment due. The Police Officer who is investigating the crime, Crime No. 925/2011 of Chingavanam Police Station, is directed to expedite the investigation and submit final report or refer report as the case may be without undue delay PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE ks. WPC 34811/2011 -4-