IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34081 of 2011(I) -------------------------- PETITIONER(S): --------------- 1. BENU LUCAS, NO. 58, PARITHIRIKKAL VILLA, AISWARYA NAGAR, IRUMBANAM.P.O., ERNAKULAM DISTRICT. 2. TENGSY THOMAS, W/O. BENU LUCCAS, NO. 58, PARINTHIRIKKAL VILLA, AISWARYA NAGAR, IRUMBANAM.P.O. ERNAKULAM DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS RESPONDENT(S): --------------- 1. NOUFAL.N. NASEEM, S/O. NIZAMUDHEEN PULLIKKAL VEEDU VEMBAYAM.P.O.,THIRUVANANTHAPURAM. 695 013 2. HARI KRISHNAN, NORTH ARYADU, ARYADU.P.O., ALAPPUZHA DISTRICT. 688 013 3. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA. 682 301 4. SUPERINTENDENT OF POLICE, ERNAKULAM. 682031 5. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY. GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001 BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34081/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT ON 16/12/2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF THE RECEIPT DATED 16/12/2011 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34081 OF 2011 ------------------------ Dated this the 20th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners are husband and wife. Their case is that the first petitioner was awhile the financial adviser to the first respondent and now alleging that the first respondent has sustained heavy loss due to the action taken by him acting upon the advise given by the first petitioner, respondents 1 and 2 are now threatening the petitioners with danger to their lives and limbs. It is submitted that the 2nd petitioner is a full time lecturer in the Medical Trust Nursing College and on account of continuing threats of respondents 1 and 2, the petitioners are finding it extremely difficult to live peacefully. 2. On this writ petition coming up for admission, Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 3 to 5. 3. Having considered the various averments in the writ W.P.(C) No. 34081 /2011 2 petition and the materials placed on record along with the same and the submissions addressed at the Bar by Sri. Jomy George learned counsel for the petitioners and Sri.Dhanesh Mathew Manjooran learned Government Pleader, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegations of the petitioners. Ext.P1 petition has been filed by the first petitioner before the 3rd respondent complaining that there is subsisting threat to the lives and limbs of the petitioners and their child from the part of respondents 1 and from two other persons whose full names and address are not known to the petitioners. 4. We direct the 3rd respondent to take up Ext.P1 immediately and to conduct an enquiry into the same. As part of the enquiry, the 3rd respondent can summon or meet respondents 1 and 2. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioners and their child as alleged by them, then the 3rd respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioners and their child from all danger. 5. The petitioners are directed to send a copy of this W.P.(C) No. 34081 /2011 3 judgment as soon as they obtain the same by registered post with Acknowledgment Due to respondents and 1 and 2. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 34081 /2011 4