IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 27343 of 2010(P) ------------------------------------- PETITIONER(S): ---------------------- JAYARAMAN,S/O.PONNUSWAMI,AGED 58 YEARS, PALOOR,ATTAPADI,MANNARKKAD TALUK,PALAKKAD 678 582. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE HOME SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUPERINETENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PALAKKAD-1. 3. THE SUB INSPECTOR OF POLICE, AGALI POLICE STATION,MANNARKKAD TALUK, PALAKKAD 678 581. 4. ARUCHAMI @ SETUMADI ARCHAMI,FATHER'S NAME NOT KNOWN,AGED ABOUT 45 YEARS,PALOOR,ATTAPADI MANNARKKAD TALUK,PALAKKAD 678 581. 5. KAKKI,S/O.KUTTY,AGED ABOUT 40 YEARS, PALOOR ATTAPPADI,MANNARKKAD TALUK,PALAKKAD 678 581 6. CHINNAN,S/O.KUTTY,AGED ABOUT 37 YEARS, PALOOR,ATTAPADI,MANNARKKAD TALUK,PALAKKAD 678 581. 7. PALANI,S/O.KUTTY,AGED ABOUT 35 YEARS, PALOOR,ATTAPADI,MANNARKKAD TALUK,PALAKKAD 678 581. R1 TO R3 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27343 OF 2010-P: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENTS 2 AND 3. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.27343 of 2010-P ---------------------------------------------- Dated, this the 13th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief: “i. to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to give adequate and effective police protection to the life of the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is doing small business since 32 years. Petitioner migrated to Paloor, Attapadi about 32 years ago from Coimbatore and after marrying a local Adivasi is going about his avocation in a peaceful and non-controversial manner and has two sons in the wedlock. The situation in Attapadi is that there is widespread illicit brewing of alcohol and majority of the people are prey to this deadly habit. There is mafia, it is alleged. Respondents 4 to 7 demand articles from the shop of the petitioner on credit and are highly irregular in making payments. They come in drunken stupor WPC No.27343/2010 -2- and do not pay for the articles purchased and they abuse the petitioner when he refuses credit. They also threatened the petitioner. Allegations are made about the incident which took place on 4.3.2010. It is stated that on the next day also petitioner was threatened. Petitioner filed Ext.P1 complaint. 3. A statement is filed by the Circle Inspector of Police, Palakkad. Therein, it is alleged that the petitioner had married one Dhanalakshmi in the year 1982 and there was no children. Then he married Nanjammal a tribal woman in the year 1984 and in that wedlock two children were born. He is having a grocery shop. The allegation is that his wife used to drink alcohol and wander here and there and petitioner believes it is on account of the inducement of certain persons named in the statement. It is also stated that whenever petitioner approached police for help it is provided and there is no threat from any side to the life and property of the petitioner. 4. Though served there is no appearance for respondents 4 to 7. In such circumstances, we dispose of the writ petition as follows: WPC No.27343/2010 -3- If the petitioner brings to the notice of the police authorities any threat to his life from respondents 4 to 7 before the 3rd respondent, the 3rd respondent will look into the same, and, if the complaint is found to be genuine, he shall provide sufficient police protection to the life of the petitioner as against respondents 4 to 7. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS