IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 12809 of 2010(A) --------------------------------------- PETITIONER: ------------------- AMJAD, AGED 38 YEARS, S/O.BAHABUDHEEN, RESIDING AT THEKKEKUNNAM, ODAYAM, VARKALA P.O., EDAVA VILLAGE, TRIVANDRUM DISTRICT. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SRI.R.RAJESH (VARKALA), SMT.LEKSHMI SWAMINATHAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE CIRCLE, VARKALA, TRIVANDRUM DIST. 3. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA, TRIVANDRUM DIST. 4. ABDUL KARIM, AGED 60 YEARS, S/O.ILLIAS, RESIDING AT KHAYAM, KURAKKANNI, VARAKALA P.O., VARKALA VILLAGE, TRIVANDRUM DIST. 5. FAKKOOR RASI, AGED 47 YEARS, S/O.HALEEFA, RESIDING AT THEKKEKKUNNAM, ODAYAM, VARKALA P.O., EDAVA VILLAGE, TRIVANDRUM DISTRICT. W.P.(C). NO.12809/2010-A: 6. RIYAZ, AGED 23 YEARS, S/O.FAKKOR RASI, RESIDING AT THEKKEKKUNNAM, ODAYAM, VARKALA P.O., EDAVA VILLAGE, TRIVANDRUM DISTRICT. 7. NAZEEB, AGED 35 YEARS, S/O.ABDULLA, RESIDING AT VILAYIL HOUSE, ODAYAM, VARKALA P.O., EDAVA VILLAGE, TRIVANDRUM DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R4 & R5 BY ADVS. SRI.AYYAPPAN SANKAR, SRI.G.SURARSHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12809/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT FILED BEFORE THE S.I OF POLICE, VARKALA DTD. 25/03/2010. EXT.P.2: COPY OF THE COMPLAINT FILED BEFORE THE C.I OF POLICE, VARKALA ON 02/04/2010. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE PLAINT IN O.S. 274/2009 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, VARKALA. EXT.R1.B: COPY OF THE FIR, CHARGE SHEET AND CONNECTED RECORDS IN CRIME NO.222/2010 REGISTERED BY THE VALIYATHURA POLICE ON 31/03/2010. EXT.R1.C: COPY OF THE FIR.NO.347/2010 REGISTERED BY THE VARKALA POLICE ON 23/03/2010. //TRUE COPY// P.S. TO JUDGE. Prv. Thottathil B.Radhakrishnan & P.Q.Barkath Ali, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.12809 of 2010-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. The petitioner seeks certain reliefs in relation to alleged illegal activities of the private respondents. He complaints that there is serious challenge and threat to his life as also the life of his wife and children. We have seen the materials on record. We desist from stating anything further on facts because there are criminal and civil cases pending, including those registered against some of the private respondents on the complaint of the petitioner. Accordingly, we make absolute the interim order granted on 9.4.2010 whereby the third respondent is directed to provide sufficient police protection to the life of the petitioner, his WPC12809/10 -: 2 :- wife and children as against respondents 4 to 7 and their men. This will be without prejudice to the contentions that the parties may have before the civil and criminal courts. Thottathil B.Radhakrishnan, Judge. P.Q.Barkath Ali, Judge. Sha/2409