IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 34578 of 2010(V) ------------------------------------- PETITIONER(S): --------------------- 1. C.T.SAJIKUMAR,AGED 37,S/O.THANKAPPAN PILLAI,CHEMBUKUZHIYIL,MALLAPPALLY WEST PO, PATHANAMTHITTA DISTRICT,PIN 689 585. 2. C.T.SASIDHARAN PILLAI,AGED 50, S/O.THANKAPPAN PILLAI,CHEMBUKUZHIYIL,MALLAPPALLY WEST PO,PATHANAMTHITTA DISTRICT,PIN 689 585. 3. K.P.PRASANTH,AGED 22,S/O.PRASAD, KOODATHINKAL,MALLAPPALLY WEST PO, PATHANAMTHITTA DISTRICT,PIN 689 585. 4. SHINO.P.ABRAHAM,AGED 22, S/O.ABRAHAM THOMAS,CHIRAPURAYIDAM, MALLAPPALLY WEST PO,PATHANAMTHITTA DISTRICT, PIN 689 585. 5. SHIJU P.ABRAHAM, AGED 28, S/O.ABRAHAM THOMAS, CHIRAPURAYIDAM, MALLAPPALLY WEST P.O, PATHANAMTHITTA DISTRICT, PIN 689 585. 6. RENJITH RADHAKRISHNAN,AGED 27, S/O.RADHAKRISHNAN,VALIYAVEETTIL, MALLAPPALLY WEST PO,PATHANAMTHITTA DISTRICT, PIN 689 585. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE,KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN 689 587. WPC NO.34578 OF 2010 -2- 2. THE CIRCLE INSPECTOR OF POLICE, MALLAPPALLY,PATHANAMTHITTA DISTRICT,PIN 689 585. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA , PIN 689 645. 4. M.K.SANTHOSH,AGED ABOUT 35, S/O.KOCHUKUTTY,MALANKOTTAKAL,MALLAPPALLY WEST PO, PATHANAMTHITTA DISTRICT,PIN 689 585. 5. MANOJ,AGED ABOUT 37,S/O.RAGHAVAN, MANIMANGALATH,MALLAPPALLY WEST PO, PATHANAMTHITTA DISTRICT,PIN 689 585. 6. K.M.JAYAN,AGED ABOUT 28,S/O.MOHANAN, THEKADAYIL,KOLLAMPARAMBIL,MALLAPPALLY WEST PO, PATHANAMTHITTA DISTRICT,PIN 689 585. 7. P.K.RAJESH KUMAR,AGED ABOUT 34, S/O.KRISHNA PILLAI,PUTHUPARAMBIL, MALLAPPALLY WEST PO,PATHANAMTHITTA DISTRICT, PIN 689 585. 8. SREEJITH,AGED ABOUT 30 YEARS, S/O.MOHANACHANDRAN NAIR, LATHA BHAVAN, MURANI,MALLAPPALLY EAST PO,PATHANAMTHITTA DISTRICT PIN 689 584. 9. SASIDHARAN NAIR,S/O.RAGHAVAN PILLAI, KAKKANATTIL HOUSE, MALLAPPALLY EAST PO, PATHANAMTHITTA DISTRICT,PIN 689 584. 10. STATE OF KERALA,REP.BY SECRETARY(HOME) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R3 & R10 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 TO R9 BY ADV. SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34578 OF 2010: PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE COMPLAINT DATED 30.10.2010 OF THE PETITIONER. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.34578 of 2010-V ---------------------------------------------- Dated, this the 24th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) to declare that the petitioners are entitled to get police protection as per the request in Exhibit P1. ii) to issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 to 3 to give necessary and adequate police protection for the life of the petitioners.” 2. Briefly put, the case of the petitioners is as follows: The Ist petitioner was the President of Thirumalida Devaswom Temple at Mallappally. As part of Sivarathri celebrations, the said temple conducted a competition for 'Kavadi' in February, 2010. The Mallappally kara and Murani kara were declared as the joint winners in the said competition. Both factions refused to share the cash award. The same was placed in the Bhandar as offering. Thereafter, respondents 4 to 9 and their henchmen attacked the Ist petitioner and he suffered serious injuries including fracture. WPC No.34578/2010 -2- As a protest against the attack petitioners and about 70 persons resigned from BJP and joined Socialist Janatha Dal. Respondents 4 to 9 are in enemical terms with the petitioners due to the above incident. Respondents 4 to 9 who are active workers of BJP are trying to attack the petitioners. There is serious threat to their life. Petitioners submitted Ext.P1 petition. There is inaction. Hence the petitioners are before us. We heard the learned counsel for the petitioners, learned counsel for respondents 4 to 9 and also the learned Government Pleader. Learned counsel for respondents 4 to 9 of course would seek time to file counter. But, he at the same time denies the allegations and would submit that respondents 4 to 9 have no intention to cause any threat to the life of the petitioners. We record the said submission and dispose of the writ petition directing that if contrary to the submission made by the learned counsel for respondents 4 to 9, petitioners complain of any threat from respondents 4 to 9 to their lives before the Ist respondent, the Ist respondent will look into the complaint and if the threat found to be genuine, he shall afford WPC No.34578/2010 -3- necessary protection to the life of the petitioners as against respondents 4 to 9. We record the submission of the learned counsel for the petitioners that petitioners will not in any way misuse the order passed against respondents 4 to 9. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS