IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI & THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 W.P(C).No. 8836 of 2008(B) ---------------------------------- PETITIONERS: ----------------------- 1. HUSAIFA BEEVI, D/O.AISHA BEEVI, RESIDING AT THODIYIL PUTHEN VEEDU, KUNNICODU, AVANEESWARAM PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. ABDUL MANAF, S/O.ABDUL KHADAR KUNJU, RESIDING AT REEJA MANZIL, CHOORALAKUZHI, KUNNICODU, PATHANAPURAM TALUK, KOLLAM DISTRICT. 3. HASIM, S/O.ABDUL KHADER KUNJU, RESIDING AT THODIYIL PUTHEN VEEDU, KUNNICODU, AVANEESWARAM, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.BABU (VETTAKALAYIL) SRI.JOHNSON GOMEZ RESPONDENTS: ------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, PUNALUR. 3. THE SUB INSPECTOR OF POLICE, KUNNICODU. 4. NIZAR, S/O.MOIDEEN KUNJU VALUTHUNDIL VEEDU, AVANEESWARAN MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. NAZEER, S/O.MOIDEEN KUNJU, VALUTHUNDIL VEEDU, AVANEESWARAN MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT. W.P(C).No. 8836/2008 6. HARIZ, KANNATHU VEEDU, SASTHRI JUNCTION, KANNICODU P.O., AVANEESWARAN MURI, PATHANAPURAM TALUK. 7. SHAMEER, S/O.SHARAFUDEEN, VALUTHUNDIL VEEDU, AVANEESWARAN MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT. ADV. SRI.VARGHESE C.KURIAKOSE - R.5 SRI.PRAVEEN K. JOY - R.5 SRI. BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 8836/2008 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE F.I.R IN CRIME NO.104 OF 2008 DATED 3/3/2008 OF KUNNICODE POLICE STATION. EXHIBIT P2 : A TRUE COPY OF THE COMPLAINT DATED 6/03/2008 SUBMITTED TO RESPONDENT NO.1 BY THE PETITIONERS. EXHIBIT P3 : POSTAL RECEIPT EVIDENCING LODGING OF EXHIBIT P2 COMPLAINT. /TRUE COPY/ P.A. TO JUDGE scm K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.8836 OF 2008 ----------------------------------------------------- DATED THIS THE 29th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners have approached this Court alleging threat to their life from the part of respondents 4 to 7. Petitioners 2 and 3 are the brothers of the first petitioner. A crime was registered against the son of the first petitioner and the 3rd petitioner on the basis of the information lodged by the 4th respondent for the offences punishable under sections 341, 427 and 324 read with Section 34 of IPC. Later, respondents 4 to 7 attacked the second petitioner and others and Exhibit P1 crime has been registered against them. The petitioners submit, they are living under perpetual threat of respondents 4 to 7. They have moved the District Superintendent of Police, Kollam, seeking necessary protection by filing Exhibit P2. Thereafter this Writ Petition is filed, seeking appropriate direction to the police to protect them. 2. The learned Government Pleader upon instructions filed a statement, in which it is submitted that parties on both sides are near relatives. There is a case and a counter case. According to the official W.P.(C)No.8836/08 -2- respondents, the petitioners are not entitled to get police protection. 3. The party respondents have filed a counter affidavit in which it is submitted that the petitioners 2 and 3 are known criminals and if police protection is ordered to them, the said petitioners will harass them. 4. Having regard to the nature of the allegations and counter allegations, we feel that this is not a fit case where this Court should invoke its jurisdiction under Article 226 of the Constitution of India and order protection to the petitioners. They may invoke the ordinary remedies available to them under the Code of Criminal Procedure. Accordingly, the Writ Petition is dismissed, without prejudice to the contentions of both sides and the right of the petitioners to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn