IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 30597 of 2010(Y) -------------------------------------------- PETITIONER(S): --------------------- SHAJI, AGED 40, S/O.SREEDHARAN NAIR, KALARICKAL HOUSE, LUBBAKANDOM, KUMILI, IDUKKI DISTRICT. BY ADV. SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.K.S.PRAVEEN RESPONDENT(S): ----------------------- 1. THE SUPERINTENDENT OF POLICE, KUMILY, PIN-685509. 2. CIRCLE INSPECTOR OF POLICE, KUMILY POLICE STATION, KUMILY, PIN-685509. 3. K.K.JOSEPH, C.P.I.M. PARTY MEMBER KUMILY, OFFICE OF THE C.P.I.M. KUMILY, (IST ACCUSED IN CRIME NO.594/2010 OF KUMILY POLICE STATION), PIN-685509. 4. K.J.DEVASY, C.P.I.M. PARTY MEMBER KUMILY, OFFICE OF THE C.P.I.M. KUMILY, PIN-685509. 5. C.J.RAVI, C.P.I.M. PARTY MEMBER KUMILY, OFFICE OF THE C.P.I.M. KUMILY, PIN-685509. WP(C).NO.30597 OF 2010 Y 6. THE SECRETARY, C.P.I.M. LOCAL COMMITTEE KUMILY, IDUKKI DISTRICT, PIN-685509. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.30597 OF 2010 Y PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FIR IN CRIME NO.594/2010 OF KUMILY POLICE STATION, ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 27.9.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //True copy// PS to Judge K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO.30597 OF 2010 Y ------------------------------------------ Dated this the 19th October, 2010. JUDGMENT K.M. Joseph, J. Prayer in the Writ Petition is as follows: “Issue a writ of mandamus or such other writ, order or direction, directing respondents 1 and 2 to afford adequate and sufficient police protection to the life of the petitioner from the threat of respondents 3 to 6 and their people.” 2. Briefly put, the case of the petitioner is as follows: Petitioner was an active member of the CPI (M). He resigned and joined Congress (I). He is contesting as representative of the Congress (I) in the coming election. Respondents 3 to 6 attacked the petitioner and caused serious injuries. A Crime is registered. W.P.(C).NO.30597 /2010 Y 2 The CPI (M) Party is threatening that they will do away with the petitioner. 3. We have already passed an interim order. Though served, there is no appearance for the party respondents. 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. The Writ Petition is disposed of as follows: The interim order will continue till 28.10.2010 and thereafter, if the petitioner brings any threat from respondents 3 to 6, to the notice of the second respondent, the second respondent will look into it and if the complaint is found to be genuine, he shall afford protection to the life of the petitioner as against respondents 3 to 6. We make it clear that we have not pronounced on the correctness of the allegations made by the petitioner and when the matter comes up before the Court or other Forum, the Court/Form shall W.P.(C).NO.30597 /2010 Y 3 proceed to decide the matter, untrammeled by anything contained in this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge