IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33480 of 2011(H) ---------------------------------------- PETITIONER(S): ---------------------- R.M. RAMACHANDRAN, AGED 53 YEARS, S/O.KANNAN NAIR, RAYAROTH HOUSE (THARWAD TEMPLE), KAYALOOR, POST CHAVASSERY, MATTANNUR MUNICIPALITY, KANNUR DISTRICT-670 702. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MATTANNUR-670 702. 2. THE SUB INSPECTOR OF POLICE, MATTANNUR-670 702. 3. PURUSHOTHAMAN, S/O.KUNJIRAN, KANDATHIL HOUSE, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. 4. PUTHALATH SUDHAKARAN, KANDATHIL HOUSE, NEAR ANGANAVADY, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. 5. PUTHALATH PRAKASHAN, S/O.PANANGADAN KARUNAN, PANANGADAN HOUSE, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. WP(C).No. 33480 of 2011(H) 6. CHINNAN, S/O.KRISHNAN, KARIYIL PARAMBU, MARUTHAYI ROAD, UTHIYOOR, MATTANNUR, KANNUR DISTRICT-670 702. 7. RAMESAN, S/O.NANU, KARINJORA, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. 8. VENU, S/O.NANU, KARINJORA, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. 9. UNNI, S/O.NARAYANAN, AMBAYAKANY, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. 10. PRADEEPAN, MARAKKORA HOUSE, KAYALOOR P.O., CHAVASSERY, MATTANNUR, KANNUR DISTRICT-670 702. R1 & R2 BY SR. GOVT. PLEADER MR.S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 33480 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ACCIDENT REGISTER-CUM-WOUND CERTIFICATE DATED 01/03/2004 ISSUED FROM THE GOVT. HOSPITAL, THALASSERY. EXT.P2 COPY OF THE JUDGMENT DATED 02/04/2004 IN WP(C) NO. 11771/2004 OF THIS HONOURABLE COURT. EXT.P3 COPY OF THE RECEIPT DATED 08/12/2011 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P4 COPY OF THE REPRESENTATION DATED 09/12/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33480 OF 2011 ------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 226 has been filed by the petitioner seeking protection for his life and limbs from the threats, assaults and contumacious acts from the part of the party respondents. It is alleged that the party respondents are local activists of the C.P.I(M) and they have axe to grind against the petitioner. The petitioner had occasion to file W.P.(C) No.11771/2004 arraying the brother of the petitioner's wife and the third respondent herein as well as another local activist of the CPI seeking police protection. That writ petition resulted in Ext.P2 judgment. Even though the difference of opinion between the petitioner and his divorced wife, her family members, have subsided, there continues to be bad blood between the the petitioner and the party respondents. Every now and then, they are threatening the petitioner with danger to life and limbs. 2. On this writ petition coming up for admission, W.P.(C) No. 33480/2011 2 Sri.S.Abdul Salam learned senior Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. 3. Having considered the submissions of Sri.George Sebastian learned counsel for the petitioner and Sri.Abdul Salam learned senior Government pleader as well as the various averments in the writ petition and the materials produced along with the same, particularly Ext.P1 wound certificate, we feel that it is not necessary that we take a decision on the correctness of the averments and the allegations contained in this writ petition. Ext.P4 complaint has been submitted by the petitioner before the 2nd respondent - Sub Inspector of Police. We are inclined to dispose of this writ petition at this stage itself in the following terms; The 2nd respondent is directed to take up Ext.P4 immediately and to conduct an enquiry into the same. As part of the enquiry, the 2nd respondent can summon or meet all the party respondents. If the enquiry reveals that there is truth in the petitioner's allegation that there subsists threat to the petitioner's life and limbs from the part of the party respondents, W.P.(C) No. 33480/2011 3 then the 2nd respondent will take such steps as are necessary for protecting the life and limbs of the petitioner from all danger. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33480/2011 4