IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21039 of 2011(D) -------------------------------- PETITIONER(S): ------------------ 1. SUMOD.K.S., AGED 30, S/O.PURUSHOTHAMAN, KAKKASSERY HOUSE, KARITHALAPARAMB, C.P.UMMER ROAD, ERNAKULAM. 2. DEVANAND, KOIMADATHU VEEDU, KARITHALAPARAMBU, C.P.UMMER ROAD, ERNAKULAM. 3. KISHORE KUMAR, KALAKKASSERY VEEDU, KARITHALAPARAMBU, C.P.UMMER ROAD, ERNAKULAM. BY ADV. SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S): ------------------- 1. GIJO JAMES, KARITHALAPARAMBU, LXIV-1203, H.NO.27, C.P.UMMER ROAD, ERNAKULAM-682018 2. JOJO JAMES, LXIV/203, HOUSE NO.27 OF DO. DO 3. SATHEESH.S.KARITHALAPARAMBU, L.XIV 1187, H.NO.14 OF DO. DO. 4. RAJEE.S.L.XIV 1184 HOUSE NO.9 OF DO. DO. WP(C).No. 21039 of 2011(D) -2- 5. MANROJ.L.XIV-1184, H.NO.9 OF DO. DO. 6. MANEESH, L.XIV-1184, H.NO.9 OF DO. DO. 7. CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM-682031 8. CITY POLICE COMMISSIONER, ERNAKULAM-682031 9. INSPECTOR GENERAL OF POLICE (CENTRAL ZONE), ERNAKULAM-682031 10. DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), VELLAYAMBALAM, TRIVANDRUM-695001 ADV. SRI.S.NIRMAL KUMAR FOR R1,2,5,6 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21039 of 2011(D) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 1ST PETITIONER. EXT.P2:- TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 2ND PETITIONER. EXT.P3:- TRUE COPY OF THE PETITION DT.15/05/11 OF THE 1ST PETITIONER. EXT.P4:- TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 7TH RESPONDENT DT.16/05/11 EXT.P5:- TRUE COPY OF THE PETITION FILD BY THE PETITIONERS BEFORE THE 7TH RESPONDENT DT.28/05/11 EXT.P6:- TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE DGP, TRIVANDRUM DT.28/07/11 EXT.P7:- TRUE COPY OF THE PETITION DATED 29/07/11 OF THE PETITIONERS FILED BEFORE RESPONDENTS 8 TO 10 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21039 of 2011 ------------------------------------------------ Dated this the 16th day of August, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners who claim to be members of the Pulaya community which is a scheduled caste has approached this Court complaining that respondents 1 to 6 (who obviously belong to other communities) are regularly committing grave offences against them, their family members and their properties seeking directions for rendition of police protection. In fact, the second prayer in the Writ Petition is that the officers of the police be commanded to take strict action on the basis of complaints Exts.P3 to P7 filed by the petitioners against respondents 1 to 6 for offences committed under various provisions of SC/ST (Prevention of Atrocities) Act, 1989. W. P. C. No.21039 of 2011 -2- 2. Today Smt.C.M.Charisma, the learned Government Pleader submitted on the basis of the instructions that Crime No.2465/11 has been registered by the Circle Inspector of Police, Central Police Station, Ernakulam against respondents 1 to 6 except respondent No.3 acting on the complaint submitted by the wife of the first petitioner. The above crime is under investigation. 3. Sri.Jeevan Mathew Manayani, the learned counsel for the petitioner submitted that it is only after this Court has issued notice that the police thought it fit to register crime even though the complaint has been submitted long ago. According to Sri.Manayani mere registration of the crime and investigation into same will not suffice. According to him, there is subsisting threat to the life of the petitioners on account of the illegalities which are being perpetrated by the party respondents. The petitioners are constantly under fear due to the party respondents. W. P. C. No.21039 of 2011 -3- 4. The party respondents entered appearance through Advocate Sri.S.Nirmal Kumar and sought for time to file counter affidavit. We are of the view that it is not necessary to grant time for filing counter affidavit. In view of the submissions of the learned Government Pleader, we dispose of the Writ Petition issuing the following directions:- 5. The officer investigating Crime No.2465/11 is directed to conduct a thorough and sincere investigation and to submit final report on the basis of the information collected in the investigation before the competent court at the earliest and at any rate within two months of receiving copy of this judgment. The 7th respondent is directed to keep constant vigil over the colony where the petitioners are residing and to ensure that no law and order situation arises on account of the petitioners' dispute with the party respondents. At any rate it should be ensured that no danger is caused to the lives of the petitioners, their family W. P. C. No.21039 of 2011 -4- members and also to the lives of the respondents on account of the skirmishes between the petitioners and the party respondents. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-