IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32347 of 2011(P) -------------------------- PETITIONER(S): --------------- SHANAVAS, S/O NAGOOR MEERAN, AGED 62 YEARS, THODIVILA PUTHEN VEEDU, PANGALUKASU, KUMMIL MURI, KUMMIL VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. THE SUB INEPCTOR OF POLICE, KADAKKAL POLICE STATION, KOTTARAKARA, KOLLAM DISTRICT. 2. SUDHEER, S/O SUDHAKARAN, SUDHEER NILAYAM, PANGALUKASU, KUMMIL MURI, KUMMIL VILLAGE, KOTTARAKARA. 3. GIRIJA , D/O SUDHEER, SUDHEER NULAYAM, PANGAUKASU, KUMMIL MURI, KUMMIL VILLAGE, KOTTARAKARA. 4. RADHAMANI, SUDHEER NILAYAM, PANGALUKASU, KUMMIL MURI, KUMMIL VILLAGE,KOTTARAKARA. 5. SELAN, S/O SUDHAKARAN, SUDHEER NILAYAM, PANGALUKASU, KUMMIL MURI, KUMMIL VILLAGE,KOTTARAKARA. BY GOVT.PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32347/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CRIME NO.446/11 OF KADACKAL POLICE STATION. EXT.P2: COPY OF THE PLAINT IN O.S. NO.182/11 PENDING BEFORE THE MUNSIFF COURT, KOTTARAKARA. EXT.P3: COPY OF THE ORDER PASSED IN I.A. NO.173/11 BY THE HO'BLE MUSIFF COURT, KOTTARAKARA. EXT.P4: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32347 OF 2011 ------------------------ Dated this the 6th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the Government Pleader Sri.Cyriac Kurian has taken notice on behalf of the first respondent. 2. In this writ petition under Article 226, the petitioner seeks protection for his own life as well as for the lives of his workers from threats and contumacious acts of party respondents 2 to 5. The petitioner points out that on the basis of an earlier complaint involving the party respondents, the police have registered Ext.P1 FIR. However, even as the crime is under investigation, the party respondents are continuing with their threats. The petitioner and his workers are living in constant fear on account of the party respondents. 3. Having considered the averments in this writ petition and the submissions addressed before us by Sri.Alexander George learned counsel for the petitioner and Sri.Cyriac Kurian learned Government Pleader, we are of the view that it is not W.P.(C) No. 32347 /2011 2 necessary that we take a decision as to the truth or otherwise of the averments of the petitioner. 4. Ext.P4 petition has been submitted by the petitioner before the first respondent. The first respondent is directed to take up Ext.P4 immediately and to conduct an enquiry. As part of the enquiry, the first respondent can summon or meet respondents 2 to 5. If the enquiry reveals that there is subsisting threat to the lives of the petitioner and his workers from respondents 2 to 5, the first respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner and his workers. We, however, make it clear that the first respondent shall not intervene in the civil disputes between the parties which is presently being considered by the Sub Court, Kottarakara in O.S. No.182/2011. The civil dispute should be left be decided by the Civil Court itself. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32347 /2011 3