IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 18897 of 2011(J) -------------------------- PETITIONER(S): --------------------- NISSAMUDEEN, S/O.MUHAMMED ISMAIL, PARUTHYVILA HOUSE, NELLIMATTOM.P.O., KOTHAMANGALAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM. 695001. 2. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 686 661 3. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION. 686 691 * 4. BABY, S/O.SURESH, CHIRAKKAL HOUSE, NELLIMATTOM.P.O., KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 686 693 5. BABY, S/O.SATHEESH, CHIRAKKAL HOUSE, NELLIMATTOM.P.O., KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 686 693 THE NAME AND ADDRESS OF R4 AND R5 ARE CORRECTED AS “ R4: SURESH, S/O. BABY, CHIRAKKAL HOUSE, NELLIMATTOM P.O., KUTTAMANGALAM VILLAGE, KOTHAMANGALAM PIN 686 693. R5. SATHEESH, S/O.BABY, CHIRAKKAL HOUSE, NELLIMATOM P.O., KUTTAMANGLAM VILLAGE, KOTHAMNGALAM PIN 686693; AS PER ORDER DATED 25.7.11 IN IA 11689/11. “ BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 18897 of 2011(J) --------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBIT -------------------------------- EXT.P1. COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE RESPONDENTS DATED 5.7.2011. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 18897 of 2011 ----------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. Service is completed. The petitioner has approached this Court seeking protection to his own life and to the lives of his family members and also for his property from respondent nos. 4 and 5 who were allegedly causing threats and indulging in various contumacious activities arousing fear in the mind of the petitioner and the members of his family. Even though the party respondents have been served with notice, none of them have come forward to file counter affidavit or to resist the prayers in this writ petition. The learned Govt. Pleader Smt. C.M. Charisma on the basis of instructions received pursuant to our order dated 12-7- 2011 submitted that the petitioner is treating the local people for various ailments including mental ailments even without any proper qualification to give such treatment. WP(C). 18897/11 -2- This has antagonized the local public and this is the cause for the objection of the local public to the activities of the Swasraya Charitable Trust which the petitioner is conducting. According to the learned Govt. Pleader, at the moment there is no threat to the lives of the petitioner or to the members of the petitioner's family. So long as the petitioner does not indulge in giving treatment to the people without requisite qualification, there will not be any trouble. The learned counsel for the petitioner submitted that the submissions of the learned Govt. Pleader are not correct. The reason for the antipathy of the party respondents to the petitioner is that they believe that the petitioner was responsible for defeat of a local leader in the election to the local authority to whom the party respondents owe allegiance. 2. Having considered the submissions addressed at the Bar and having noticed that there is no response by the WP(C). 18897/11 -3- party respondents to the notice sent from this court we feel that if the petitioner submits complaint in future of any threat to him or to any member of his family from any of the party respondents, the 3rd respondent or the concerned station house officer shall conduct immediate enquiry into such complaint and if the enquiry reveals that there is threat to the life of the petitioner or of any member of the petitioner's family from any of the party respondents it shall be the duty of the officer concerned to take such action for protecting the lives and limbs of the petitioner and of the members of his family. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-