IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 21133 of 2011(N) -------------------------- PETITIONER(S) :- ------------------------ N.GANESAN, AGED 55 YEARS, S/O.NARAYANASWAMY NADAR, DOOR NO.205 (NEW NO.251) WARD NO.3, UDUMBANCHOLA.P.O, IDUKKI (DT). BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S) :- --------------------------- 1. THE SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION, SANTHANPARA.P.O, IDUKKI (DT) PIN-685 602. 2. BALAMURUGAN, AGED 40 YEARS, S/O.NARAYANASWAMY NADAR, DOOR NO.270/III, UDUMBANCHOLA.P.O, IDUKKI(DT), PIN-685 602. 3. RAJA, AGED 35 YEARS, S/O.NARAYANASWAMY NADAR, DOOR NO.270/III, UDUMBANCHOLA.P.O, IDUKKI(DT), PIN-685 602. 4. MANIKANDAN, AGED 31 YEARS, S/O.NARAYANASWAMY NADAR, DOOR NO.270/III, UDUMBANCHOLA.P.O, IDUKKI(DT), PIN-685 602. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.21133 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the common judgment dated 17-3-2011 in O.S.52/04 and 88/04 of the Sub Court, Kattappana. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- W.P.(C). No.21133 of 2011 ------------------------------------- Dated this the 17th day of August 2011 J U D G M E N T Pius C. Kuriakose, J. This Court on 3.8.2011 issued notice by speed post to the party respondents. Adv.Sri.S.Sachithananda pai, the learned counsel for the petitioner submitted that it was due to a mistake on the part of his clerk that process could be remitted only yesterday. Smt.C.M.Charisma, the learned Government Pleader on the basis of instructions received from the police officers submitted that the petitioner was yet to submit any complaint against the party respondents before the first respondent. We find it difficult to issue a direction for police protection sought for in view of the stand taken by the police that they have not yet received any complaint from the petitioner. W.P.(C). No.21133 of 2011 -: 2 :- 2. We direct the petitioner to submit a fresh complaint before the first respondent and also direct the first respondent to take immediate action on the complaint, if the same is received within three days from today. We further direct that if the complaint is received within three days from today, an enquiry shall be conducted and if it is revealed that there is any danger to the lives and limbs of the petitioner on account of the action from the 4th respondent, the first respondent shall take all steps necessary to safeguard the life and limbs of the petitioner. Writ petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt