IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33642 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ YOOSUF K.A., S/O.LATE K.A.ABDUL RAHIMAN, 'SEAS MAHAL', CHETTUMKUZHI, P.O.HIDAYATH NAGAR, VIDYA NAGAR, KASARAGOD-671 121. BY ADVS. SRI.K.V.SOHAN, SMT.SREEJA SOHAN.K., SRI.GEORGE JOSEPH PULIMOOTTIL, SRI.N.N.ARUN BECHU, SRI.ROVIN RODRIGUES. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, VIDYA NAGAR POLICE STATION, KASARAGOD-671 121. 2. ARIF.K.M., S/O.YOOSUF.K.A., C/O.ALAVI, NEAR M.E.S.COLLEGE, MAMPAD, PIN-676 542. R1 BY SR. GOVERNMENT PLEADER SRI. JOE KALLIATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33642/2011 E APPENDIX PETITIONERS' EXHIBIT: EXT.P1- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1, DATED 22-11-2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33642 OF 2011 ------------------------ Dated this the 16th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this writ petition coming up for admission, senior Government Pleader Sri.Joe Kalliath has taken notice on behalf of the first respondent and we have heard him also. 2. The petitioner in this writ petition seeks protection for his own life and for the lives of his wife and also for his daughter from the threats and contumacious acts of the 2nd respondent who is none other than his own son. 3. Having considered the averments in the writ petition, various materials placed on record and the submissions addressed at the Bar by Sri.K.V.Sohan learned counsel for the petitioner and Sri. Joe Kalliath learned senior Government Pleader, we feel that it is not necessary that we take a decision as to the correctness of the allegations which have been levelled by the petitioner against the 2nd respondent. Ext.P1 petition has been filed by the petitioner before the first respondent. We W.P.(C) No. 33642 /2011 2 direct the first respondent to take up Ext.P1 immediately and to conduct an enquiry into the same. As part of the enquiry, the first respondent can summon or meet the 2nd respondent. If the enquiry reveals that there is truth in the allegations contained in Ext.P1 and that there is subsisting threat to the lives and limbs of the petitioner, his wife and his daughter from the part of the 2nd respondent, the first respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner, his wife and his mother. The petitioner is directed to send a copy of this judgment by Registered Post with Acknowledgment Due to the 2nd respondent as soon as he gets the same. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33642 /2011 3