IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 20840 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. SASIDHARAN PILLAI, AGED 56 YEARS, S/O.NARAYANA PILLAI, RESIDING AT ATHIRAVEETTIL NEAR KADUVAMKODE DEVI TEMPLE, VADAKODE, KARAMMURI, THALAVOOR VILLAGE, KOTTARAKKKARA, KOLLAM. 2. N.REGHUNATHA PILLAI (NO.6964 331), SENIOR STORE KEEPER, M.E.D.SECTION, 515, ARMY BASE WORKSHOP, ULSOOR, BANGALORE. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNNIKODE POLICE STATION, KUNNIKODE P.O., KOTTARAKKARA, KOLLAM. 3. RAVEENDRAN PILLAI, AGED 54 YEARS, S/O.LATE P.NARAYANA PILLAI, ASWATHI, ATHIRAVEETIL, NEAR KADUVAMKODE DEVI TEMPLE, VADAKODE, KARAMMURI, THALAVOOR VILLAGE. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.K.JAYAKUMAR FOR R3 SRI.P.B.KRISHNAN FOR R3 SRI.R.SURAJ KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20840/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.263/08 OF KUNNICODE POLICE STATION, ALONG WITH THE FIRST INFORMATION STATEMENT OF THE FIRST PETITIONER. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 8TH JUNE, 2008 SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.20840 OF 2008 E ----------------------------------------------------- DATED THIS THE 9th DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The writ petitioners are brothers. The 3rd respondent is their brother. The petitioners submit, the 3rd respondent has driven out their mother, who was residing with the said respondent. Now, she has taken refuge in the house of the first petitioner. The 3rd respondent has attacked the first petitioner on 4.6.2008 and based on the information lodged by him, Exhibit P1 crime has been registered by the Kunnikkode Police for the offences punishable under sections 294(b) and 324 of Indian Penal Code. The second petitioner is working in the Army. At present, he is at Bangalore. When he came home to visit his mother, the 3rd respondent attempted to endanger his life. Only because he knew about the plans of the 3rd respondent in advance, he could escape unhurt. He wants police protection, when he comes home to visit his mother and also for offering prayers at the family temple. The second petitioner has preferred Exhibit P3 representation, seeking protection for the above said purpose. But, the police are not W.P.(C)No.20840/08 -2- taking any effective action against the 3rd respondent. In fact, he gets the tacit support of the police. In the above background, this Writ petition is filed. 2. The learned Government Pleader upon instructions submitted that based on the information lodged by the first petitioner, a crime has been registered against the 3rd respondent. When the second complaint was received against the 3rd respondent, both parties were summoned to the Police Station and the 3rd respondent was strictly warned. Thereafter, the said respondent has not created any problem. 3. The learned counsel appearing for the 3rd respondent submitted that he has no intention whatsoever to physically harm the petitioners or to prevent them from worshiping in the family temple. The above submissions of the learned Government Pleader and the learned counsel for the 3rd respondent are recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn