IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 35136 of 2011(N) -------------------------- PETITIONER(S): --------------- V.SUDHODANAN, THUNDUVILA VEEDU, THEKKUM BHAGAM, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.R.RAJESH SRI.K.M.ALEXANDER RESPONDENT(S): --------------- 1. THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM (RURAL), DISTRICT POLICE OFFICE, P.M.G, THIRUVANANTHAPURAM - 695 001. 2. THE SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, KADAKKAVOOR – 695 306. 3. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM – 695 304 . 4. DASAPPAN, PARAZHCHA VEEDU, THEKKUM BHAGAM, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM – 695 306. BY GOVT. PLEADER SRI.C.R.SHYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35136 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE MEDICAL CERTIFICATE DTD.12.10.2011 EXT.P2: COPY OF THE NEWS PAPER REPORT DTD.12.10.2011 EXT.P3: COPY OF THE COMPLAINT DTD.12.12.2011 EXT.P4: COPY OF THE ACKNOWLEDGMENT DTD.11.12.2011 GIVEN BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.35136 of 2011 -------------------------------------------------- Dated this the 23rd day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner who belongs to Kadakkavoor in Thiruvananthapuram District has filed this writ petition seeking protection for his life and limbs from the contumacious acts which are allegedly being purported by the 4th respondent who is described as a leader of criminal gang. It is alleged that the 4th respondent is involved in several offences and several investigations are pending against him. It is without any justifiable reason that the petitioner's house was destroyed by the gang lead by the 4th respondent and bodily injury was caused to the petitioner's mother-in-law. The threat from the 4th respondent and his gang is continuing, it is so stated in this writ petition. 2. When this writ petition coming up for admission Sri.C.R.Shyam Kumar the learned Senior Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard the submissions of Sri.M.R.Rajesh, the learned counsel for the petitioner and Sri.C.R.Shyam Kumar. We have gone through the averments in the writ petition as well as the various materials placed on record. We are not inclined to take a decision as to the truth or otherwise W.P(C) No.35136 of 2011 2 levelled by the petitioner against the 4th respondent. We feel that without causing prejudice to the 4th respondent this writ petition can be disposed of at this stage itself in the following terms. i) The 2nd respondent before whom the the petitioner has submitted the complaint which was acknowledged by Ext.P4 is directed to take up that complaint immediately. A thorough and sincere enquiry will be conducted by the 2nd respondent into that complaint. As part of the enquiry the 2nd respondent can summon the 4th respondent. ii) If the enquiry reveals that there is truth in the allegations of the petitioner that there is continuing threat to the life and limbs of the petitioner from the part of the 4th respondent, the 2nd respondent shall take such action as is necessary for protecting the life and limbs of the petitioner. iii) The petitioner is directed to send a copy of this judgment by registered post acknowledgment due to the 4th respondent as soon as he obtains the same. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab