IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 32033 of 2011(D) -------------------------- PETITIONER(S): --------------- K.M.MARYKUTTY,W/O.JACOB,AGED 39 YEARS, KOLANKARATH,MADAMBAM,KARUVETTICHAL, KANNUR. BY ADV. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,HOME DEPARTMENT, THIRUVANANTHAPURAM.695001 2. SUPERINTENDENT OF POLICE,KANNUR.670001 3. CIRCLE INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION,KANNUR.670 011 4. JACOB,S/O.CHAKKO,KANDARAPPALLIL, MADAMBAM,KARUVETTICHAL.670 018 5. JAISON,S/O.JACOB,KANDARAPPALLIL, MADAMBAM,KARUVETTICHAL. 670 018 6. CYRIAC,KARUTHEDATH,MADAMBAM, KARUVETTICHAL. 670 018 7. THANKACHAN,PAYATTUKALA,MADAMBAM, KARUVETTICHAL. 670 018 BY GOVT.PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32033/2011 APPENDIX PETTIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT BY THE PETITIONER SEEKING PROTECTION OF HER PROPERTY AND HER LIFE. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.32033 OF 2011 ------------------------ Dated this the 1st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The Government Pleader Sri.Cyriac Kurian has taken notice on behalf of the respondents 1 to 3 and we have heard him also. 2. The petitioner, a lady, has filed this writ petition seeking protection for her life and limbs from the threats and contumacious acts of respondents 4 to 7. The petitioner alleges that without any justifiable reason every now and then, the party respondents are giving trouble to the petitioner in her peaceful life. According to the petitioner, even though the local police were approached several times, on account of the influence wielded by the party respondents on them, the attitude adopted by the local police has been one of lethargy. In paragraph 3 of the writ petition it is stated as follows; "The innumerable complaints filed by the petitioner seeking the intervention of the 2nd and 3rd respondents evoked no response at all solely WPC.No.32033/2011 2 due to the above mentioned reasons. Since no action of any kind is forthcoming and the respondents No.4 to 7 are continuously indulging in vandalism making the life of the petitioner and her husband miserable. The person and the property of the petitioner and her husband are under the constant threat of the respondent Nos. 4 to 7 who have got sufficient patronage from respondent Nos. 2 and 3". 3. According to the petitioner, as a last effort, he submitted Ext.P1 complaint before the 2nd respondent - District Police Chief. She complaint that even Ext.P1 has not been acted upon by the 2nd respondent. 4. Having regard to the submissions addressed before us by Sri.K.C.Santhosh Kumar learned counsel for the petitioner and the learned Government Pleader and having considered the various averments in the writ petition and the various materials placed on record, we are of the view that it is not necessary that we examine the truth or otherwise of the petitioner's allegation. Ext.P1 is seen pending before the 2nd respondent. We direct the WPC.No.32033/2011 3 2nd respondent - District Police Chief, Kannur to take up Ext.P1 immediately and to conduct a detailed enquiry into the same. As part of the enquiry, the 2nd respondent can either summon or meet the respondents 4 to 7. If the enquiry reveals that there is subsisting threat to the life and limbs of the petitioner from the part of the party respondents, the 2nd respondent shall take requisite steps either directly or through the officers subordinate to him for protecting the life and limbs of the petitioner. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk