IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 23431 of 2010(D) -------------------------- PETITIONER(S): --------------- SIRAJUDHEEN, PULIVELI PUTHEN VEETTIL, KEERIKAD VILLAGE, KAYAMKULAM. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. MOHANAN, PUTHENVEETTIL KIZHAKKETHIL, KANNAMPILLY BHAGOM, KAYAMKULAM. 690502 2. PRESIDENT, S.N.MOVEMENT, THEKKATHALATHIL, KANNAMPILLY BHAGOM, KAYAMKULAM.690502 3. THE SECRETARY, S.N.YOUTH MOVEMENT, THEKKATHALATHIL, KANNAMPILLY BHAGOM, KAYAMKULAM.690502 4. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 5. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 6. SUPERINTENDENT OF POLICE, ALAPPUZHA. ADV. SRI.K.HARILAL FOR R1 SRI.JAMES KURIAN FOR R2-3 GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.23431 OF 2010 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DISCHARGE CARD DATED 8/6/09 ISSUED FROM GOVT.HOSPITAL, KAYAMKULAM. EXT.P2: TRUE COPY OF THE COMPLAINT BEFORE THE 4TH RESPONDENT DATED 28/10/2009. EXT.P3: TRUE COPY OF THE DISCHARGE CARD ISSUED FROM GOVT.HOSPITAL, KAYAMKULAM. EXT.P4: TRUE COPY OF THE REPLY LETTER DATED 6/4/2010 SENT BY ADDITIONAL CHIEF SECRETARY TO THE PETITIONER. EXT.P5: TRUE COPY OF THE COMPLAINT BEFORE THE 4TH RESPONDENT DATED 24/6/2010. RESPONDENT'S EXHIBITS: EXT.R1(a): TRUE COPY OF DISCHARGE CARD ISSUED BY THE GOVT.HOSPITAL, KAYAMKULAM DATED 9/6/2009. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.23431 of 2010 ---------------------------------------- Dated this the 18th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following relief: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 4 to 6 to provide adequate protection to the life of the petitioner and his family. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is doing carpentry work. Respondents 2 and 3 are conducting a chitty. The 1st respondent is collecting the chitty amount. The 1st respondent came to the petitioner's house for collecting Rs.1,500/- after consuming liquor and misbehaved towards the petitioner's wife. The petitioner questioned the same. The 1st respondent became violent and assaulted the petitioner and sustained injury. The petitioner was admitted to the hospital. Ext.P1 is the discharge card. The hospital authorities sent the intimation to the police station. But W.P.C.No.23431 of 2010 2 the police did not come to the hospital or record the statement of the petitioner. Therefore the petitioner filed a complaint to the police directly; but the police refused to register a crime against the 1st respondent. Thereafter the petitioner approached the higher police officials and a crime is registered as crime No.582/2009 against the 1st respondent. Thereafter the 4th respondent registered another crime as crime No.793/09 against the petitioner alleging that the petitioner committed an offence against the 1st respondent under the SC/ST Prevention of Atrocities Act. The allegation made by the petitioner against the 2nd respondent is that the 2nd respondent used filthy words against the petitioner and his wife and threatened the petitioner that he will kill the petitioner and he wants the petitioner's wife for money. The petitioner filed Ext.P2 complaint. Thereafter the 2nd respondent alleged to have assaulted the petitioner and the petitioner was admitted to the hospital. Ext.P3 is the discharge card. The police has not taken any action against the respondents due to influence. Ext.P4 is a reply sent by the Additional Chief Secretary on a complaint filed before the Home Minister. It is thereafter that respondents 1 to 3 came to the W.P.C.No.23431 of 2010 3 house of the petitioner and threatened the petitioner and his family. Ext.P5 complaint is filed. 4. Respondents 1 to 3 have filed counter affidavits. They have denied all the allegations made against them. The petitioner has filed a reply affidavit to the counter affidavit filed by the 1st respondent. 5. We have heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. The learned counsel for the 1st respondent submits that he has no intention to cause any threat to the life of the petitioner. According to him, he was doing work for the petitioner and amounts are due by way of wages. If amounts are due by way of wages, he may have to approach the forum provided by law and certainly he cannot take law into his hands. But, having regard to the submissions of the learned counsel for the 1st respondent that he has not taken law into his hands and he has no intention to threaten the life of the petitioner, we record the same. In case, any threat from the 1st respondent to the petitioner's life is brought to the notice of the 4th respondent, the 4th respondent will look into it and if the complaint is found to be genuine, the 4th respondent shall W.P.C.No.23431 of 2010 4 provide protection to the petitioner's life as against the 1st respondent. 6. We record the submission contained in the counter affidavit filed by respondents 2 and 3 that they have never caused any threat to the life of the petitioner and that they have no intention to cause any threat to the life of the petitioner. 7. We record the same and close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.23431 of 2010 5 W.P.C.No.23431 of 2010 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010