IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 31493 of 2008(Y) -------------------------- PETITIONER(S): --------------- SAJI.K. AGED 34 YEARS S/O.LATE KUMARAN, ANDALATHU HOUSE AMBIKA MARKET PO., VAIKOM , KOTTAYAM. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF POLICE. 2. SUPERINTENDENT OF POLICE, KOTTAYAM. 3. SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION. 4. CIRCLE INSPECTOR OF POLICE, VAIKOM. 5. RAJU SEBASTIAN, POOVELIL VEEDU, POOVARANI VILLAGE, PALA, KOTTAYAM. 6. CI.SHIBICHAN, MALAYATTIL VEEDU AMBIKA MARKET PO., VAIKOM, KOTTAYAM. ADV. SRI.ROY CHACKO FOR R5 SRI.JOBY CYRIAC FOR R6 SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL – R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31493/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - A TRUE PHOTO COPY OF THE CERTIFICATE OF REGISTRATION OF VEMBANADU KAYAL SAMRAKSHANA SAMITHI VIDE REG. NO.K-171/08 EXT.P2 - A TRUE PHOTO COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE C.I., DATED 21.10.2008. EXT.P3 - A TRUE PHOTO COPY OF THE ACKNOWLEDGEMENT RECEIPT EXT.P4 - A TRUE PHOTO COPY OF THE COMPLAINT DATED 23.10.2008. RESPONDENTS' EXTS. EXT.R5(a) - TRUE COPY OPF THE CHEQUE BEARING NO.150256 DATED 8.9.2007 ISSUED TO THE 1ST PETITIONER BY THE 5TH RESPONDENT. EXT.R5(b) – TRUE COPY OF THE IMPLEADING PETITION I.A.NO.13847/2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 31493 OF 2008-Y ----------------------------------------- Dated 17th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner submits, he is a public spirited citizen. He has filed a public interest litigation against dredging Vembanadu lake unscientifically and filling a portion of it, to make a new island. This Court admitted that writ petition and issued notice to the respondents. Soon, respondents 5 and 6, who are persons engaged in real estate business in the area, aggrieved by the actions of the petitioner, sent their supporters to the petitioner's house, to threaten him and compel him to withdraw the writ petition filed by him. So, the petitioner preferred Ext.P4 petition before the police on 23.10.208, seeking necessary protection to him and his family members. Alleging that no action has been taken, based on that petition, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted WPC 31493/08 2 that a group of persons, who were the erstwhile fishermen and who are presently engaged by the land mafia, have gone to the house of the petitioner. They pretend to be the supporters of the activities of the petitioner. But, in fact, they want to obstruct him. 3. The 5th respondent has filed a counter affidavit, denying all the allegations against him. He submits, he has no intention, whatsoever, to harm the petitioner and he has not sent anybody to do that. The 6th respondent submits that he has nothing to do with the land development in the area and he does not own even an inch of land there. All the allegations raised against him are unfounded, it is submitted by the 6th respondent. 4. The petitioner has filed a reply affidavit, dealing with the averments in the counter affidavits of respondents 5 and 6. Today, the 5th respondent has filed an additional counter affidavit, raising serious allegations against the writ petitioner. The petitioner submits, all those allegations are absolutely unfounded and have been raised without any bona fides. 5. Having regard to the facts of the case, we feel that if there is WPC 31493/08 3 any real threat to the life of the petitioner, police protection should be extended to him. If the petitioner apprehends any danger to his life from respondents 5 and 6 or their supporters, he may inform respondents 3 and 4. In that event the said respondents shall look into the petitioner's complaint and take necessary action to protect his life, as the occasion demands. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/