IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23998 of 2011(Y) ------------------------------------ PETITIONER(S): --------------------- PRAVEEN KUMAR, S/O.PRASANNAKUMAR, PRAVEEN NIVAS, NEDUNGOTTU KONAM, EDAMULAKKAL P.O., PIN 691321, ANCHAL, KOLLAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, ANCHAL, PIN 691306. 2. THE SUB INSPECTOR OF POLICE, ANCHAL, PIN 691 306. 3. BINUKUMAR @ KUKKU, S/O.BHARGAVAN, SUNILS, PANAYANCHERY MURI, ANCHAL VILLAGE, ANCHAL P.O., PIN 691306. 4. RAJENDRAN, S/O.GOPALAN, PRASANTHI HOUSE, MATHURAPPA MURI, EDAMULAKKAL VILLAGE, THADIKKAD P.O., PIN 691306. BY ADV.SMT.C.M.CHARISMA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No. 23998 of 2011(Y) APPENDIX EXHIBITS FOR THE PETITIONER : Ext.P1 : COPY OF THE WRITTEN COMPLAINT Dtd.30.8.2011 EXHIBITS FOR THE RESPONDENTS : NIL //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.23998 of 2011 ------------------------------- Dated this the 7th day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has approached this Court seeking police protection for the lives of himself and his wife and for staying in the house constructed by the petitioner without any obstruction or threat from respondents 3 and 4. The complaint of the petitioner is that though Ext.P1 complaint was submitted to the police, the police has not taken any action. On considering the writ petition for admission, we directed the learned Government Pleader to seek instructions from the 2nd respondent Sub Inspector of Police, Anchal Police Station, as to what action if any has been taken on Ext.P1. Learned Government Pleader on the basis of instructions submitted that Ext.P1 was enquired into and the enquiry revealed that the allegations in Ext.P1 are untrue. She also submitted that the petitioner himself 2 W.P.(C) No.23998 of 2011 was accused in Crime No.834 of 2011 of the Anchal Police Station, the crime which was registered on the basis of complaint submitted by none other than the petitioner's brother. According to learned Government Pleader, no law and order situation warranting issuance of police protection to the petitioner presently exists. Mr.C.Rasheed learned counsel for the petitioner does not agree with the submission of learned Government Pleader. According to him, on account of the threat from respondents 3 and 4, the petitioner is not in a position to go over to his house and the petitioner is now compelled to stay at Kulathuppuzha a place 10 km. Away. 2. Having considered the submissions we are of the view that, the 2nd respondent should conduct further enquiry into the specific complaint of the petitioner that he is unable to come and stay in his house at Anchal on account of the obstruction caused by respondents 3 and 4. If the enquiry reveals that the petitioner is not in a position to reside in his house at Anchal due to any such obstruction 3 W.P.(C) No.23998 of 2011 from respondents 3 and 4, the 2nd respondent shall remove the obstruction and ensure that the petitioner and his wife are able to live in the house peacefully, unless there is an order issued by a competent court restraining such residence by the petitioner and his wife in the said house. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/