IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 7192 of 2010(Y) --------------------=------------------------- PETITIONER(S): ---------------------- 1. AMBIKA DEVI,D/O.LATE MR.K.A.UTHAMAN., MANIMANGALAM,KARUMADI P.O., AMBALAPPUZHA.,ALAPPUZHA DISTRICT. 2. MAHAVISHNUDAS M.A., (MINOR SON OF THE PETITIONER, REP.BY THE PETITIONER)MANIMANGALAM, KARUMADI P.O.,AMBALAPPUZA, ALAPPUZHA DISTRICT. BY ADV. SRI.T.S.JOHN RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE,ALAPPUZHA. 2. SUB-INSPECTOR OF POLICE, AMBALAPPUZHA. 3. N.MOHANDAS,KARTHIKA,AMBALAPPUZHA.P.O., AMBALAPPUZHA, ALAPPUZHA DISTRICT. 4. N.SASIKUMAR, SRENARAYANA MANGALAM, AMABLAPPUZHA P.O.,AMBALAPPUZHA, ALAPPUZHA DISTRICT. 5. CHELLAPPAN, KESHAVA BHAVANANM, KARUMADI P.O.,AMBALAPPUZHA, ALAPPUZHA DISTRICT. 6. RATHEESHAN, PATHMALAYAM,KARUMADI P.O.,KARUMADI, ALAPPUZHA DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SMT.I.S.LAILA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.7192 OF 2010 Y PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION DATED 8.2.2010 LODGED BY THE PETITIONER BEFORE THE 2ND RESPONSDENT WHO IS THE AMBALAPUZHA SUB INSPECTOR OF POLICE. EXT.P2 TRUE COPY OF THE RECEIPT DATED 8.2.2010 ISSUED BY THE 2ND RESPONDENT WHO IS THE SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION. EXT.R5(A) TRUE COPY OF THE TREATMENT REGIMEN OF TUBERCULOSIS OF THE 5TH RESPONDENT DATED 31.07.2003. EXT.R5(B) TRUE COPY OF CMP 1226 OF 2007 BEFORE THE JFMC AMBALAPUZHA DT. 13.04.2007. EXT.R5(C) TRUE COPY OF THE ORDER OF JFMC AMBALAPUZHA DT. 4.06.2007. EXT.R5(D) TRUE COPY OF THE ORDER GRANTING ANTICIPATORY BAIL TO THE 5TH RESPONDENT IN CRIME NO.350/2007 BEFORE AMBALAPUZHA POLICE STATION.BA:NO.5616/07 OF 19.9.07. EXT.R5(E) TRUE COPY OF APPLICATION & ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE JFMC AMBALAPUZHA ON 03.02.2010 IN CC.NO.789 OF 2008 IN CRIME NO.350 OF 2007. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 7192 OF 2010 Y --------------------------------------------------- Dated this the 31st March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a mandamus directing the second respondent, Sub Inspector of Police to render adequate and effective police protection for the life and property of the petitioner and her minor son from the threat and assault of respondents 3 to 6. A Counter Affidavit has been filed by the fifth respondent to which a Reply Affidavit also is filed. We heard the learned counsel appearing on behalf of the parties. 2. The allegations are made against the fifth respondent. Learned counsel for the fifth respondent would point out that actually the allegations against the fifth respondent are not correct, and that the fifth respondent has no intention to cause any threat to the life of the petitioner. Having regard to the WPC.NO.7192/2010Y 2 facts, the Writ Petition is disposed of as follows: We record the submission of the learned counsel for the fifth respondent and direct respondents 1 and 2 to afford protection for the life of the petitioner and her minor son, as and when required, from any threat by respondents 3 to 6. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge