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. 34601 of 2011(A) -------------------------- PETITIONER(S): --------------- SUNIL, S.R.NIVAS. PANAYARA CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM 695001. 3. THE SUB INSPECTOR OF POLICE, VARKALA, THIRUVANANTHAPURAM. 695001 4. DEEPU,S/O.HARIDAS, NELLIKUNNATHU HOUSE, MUTTAPPALAM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5. RATHEESH, S/O. KAMALOLBHAVAN, KUMBHAKKATT HOUSE, MUTTAPPALAM. CHEMMARUTHI VILLAGE, THIRUVANANTHAPUARAM DISTRICT. 6. SHINE, S/O. MURALEEDHARAN, GG VILASAOM HOUSE, MUTTAPPALAM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY GOVT.PLEADER SRI.SHYSON P.MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34601/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 15/12/2011. EXT.P2: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 15/12/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34601 OF 2011 ------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The allegation of the petitioner is that respondents 4 to 6, who are the local activists of an organization by name 'Siva Sena', are very much antagonized against the petitioner, as the petitioner was unwilling to pay the substantial amount which was demanded by them from the petitioner as the donation for the activities of the Siva Sena. Respondents 4 to 6 had once attacked the petitioner and the petitioner had to be hospitalised. Even though the police were informed, they have not taken any action. Threats from respondents 4 to 6 continue. The petitioner is living in constant fear on account of respondents 4 to 6. 2. Ext.P1 is the last petition submitted by the petitioner before the Local Sub Inspector and Ext.P2 is the petition submitted by him before the Director General of Police. Hence, this writ petition seeking police protection directions. W.P.(C) No. 34601 /2011 2 3. On this writ petition coming up for admission, representing the State Attorney, Sri.Shyson P.Manguzha the learned senior Government Pleader has taken notice on behalf of respondents 1 to 3. 4. Having regard to the submissions addressed by Sri.K.P.Sujesh Kumar learned counsel for the petitioner and Sri. Shyson P.Manguzha learned Government Pleader and the various averments in the writ petition as well as the documents produced along with the same, we feel that it is not necessary that we take a decision as to the truth or otherwise of the averments of the petitioner. According to us, even without issuing notice to respondents 4 to 6, relief to a limited extent can be granted to the petitioner. Hence, we dispose of this writ petition in the following terms; The third respondent is directed to take up Ext.P1 immediately. The third respondent will conduct a thorough and sincere enquiry into Ext.P1. As part of the enquiry, the third respondent can summon respondents 4 to 6. If the enquiry reveals that allegations of the petitioner are true and that there subsists threat to the lives and limbs of the petitioner from the W.P.(C) No. 34601 /2011 3 part of respondents 4 to 6, then the 3rd respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioner from all danger. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 34601 /2011 4