IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 34190 of 2010(W) ----------------------------------------- PETITIONER(S): ----------------------- 1. RAJU V.P., S/O.PAULOSE, SECRETARY, NENMARA BLCOK CONGRESS COMMITTEE, RESIDING AT VELLIRINGAL HOUSE, KAIRADY.P.O., OLIPPARA, PIN.678 510. 2. ANANTHAKUMAR.V., AGED 34 YEARS, S/O.VELLAPPAN, SECRETARY, YOUTH CONGRESS COMMITTEE AYILUR MANDALAM, RESIDING AT KUNNATHU HOUSE, KAIRADY.P.O., OLIPPARA, PIN.678 510. 3. JOSE, AGED 54 YEARS, S/O.ITTIAVIRA, VICE PRESIDENT, AYILUR MANDALAM CONGRESS COMMITTEE RESIDING AT PULIKKAKKUNNEL HOUSE, KAIRADY.P.O., OLIPPARA, PIN.678 510. 4. K.P.JOSHY, AGED 41 YEARS, S/O.K.C.PAULOSE, SECRETARY, AYILUR MANDALAM CONGRESS COMMITTEE, RESIDING AT KANDATHIL HOUSE, KAIRADY.P.O., OLIPPARA, PIN.678 510. 5. BENNY.P.E., AGED 46 YEARS, S/O.ESTHAPPAN, SECRETARY, NENMARA BLOCK CONGRESS COMMITTEE, RESIDING AT PADINJATTI PUTHENPURAYIL HOUSE, ADIPPERANDA, KAIRADY.P.O., OLIPPARA, PIN.678 510. BY ADVS. SMT.MINI.V.A. SMT.SABINA JAYAN W.P.(C) NO.34190/2010 RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, NENMARA POLICE STATION, NENMARA. 3. THE SUB INSEPCTOR OF POLICE, NENMARA POLICE STATION, NENMARA. 4. K.I.ABBAS, S/O.ISMAIL SAHEB, AGED ABOUT 50 YEARS, THE SECRETARY, DISTRICT CONGRESS COMMITTEE, PALAKKAD, RESIDING AT PARAKKALAM HOUSE, KAIRADY.P.O., OLIPPARA, PIN-678 510. 5. MOHAMMEDALI, MEMBER, INTUC ADIPPERANDA UNIT, RESIDING AT ADIPPERANDA, KAIRADY.P.O., PIN.678 510. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS BY ADV. SMT.M.M.DEEPA , SRI.V.A.JOHNSON (VARIKKAPPALLIL). SRI.P.VIJAYA BHANU, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 34190/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT DTD. 20.10.2010 FILED BEFORE THE 3RD RESPONDENT. P1 A:- COPY OF THE COMPLAINT DTD. 29.10.2010 FILED BEFORE THE 2ND RESPONDENT. P2:- COPY OF THE COMPLAINT DTD. 29.10.2010 FILED BEFORE THE 3RD RESPONDENT. P3:- COPY OF THE JOINT STATEMENT DTD. 3.11.2010. P4:- COPY OF THE NEWS ITEM PUBLISHED MALAYALA MANORAMA DAILY DTD. 6.11.2010. P5:- COPY OF THE COMPLAINT FILED BEFORE THE IST RESPONDENT DTD. 3.11.2010. P5(A):- COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE IST RESPONDENT DTD. 3.11.2010. TRUE COPY P.A. TO JUDGE tss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.34190 of 2010 ---------------------------------------- Dated this the 23rd day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i. Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st and 2nd respondents to afford adequate police protection to the person and residence of the petitioners and their family members from the respondents 4 to 6 and their cohorts. ii. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 3 to take appropriate action against respondents 4 to 6 and their men for intimidating and harassing the petitioners and family members and further warn them to not to intimidate the petitioners. 2. Briefly put, the case of the petitioners is as follows: 3. The petitioners are office bearers of a Congress Committee. Respondents 4 to 6 belong to a different factor of the same party. There are allegations made against the party W.P.C.No.34190 of 2010 2 respondents. The petitioners have filed some representations also. The learned counsel for the party respondents would submit that he is filing a counter affidavit. He would submit that the allegations are false and incorrect. He would submit that the party respondents have not committed any threat and will not threaten the life of the petitioners. 4. We record the same and dispose of the writ petition directing that in case the petitioners complain before the 3rd respondent of any threat by respondents 4 to 6, the 3rd respondent will look into the same and if the threat is found to be genuine, he shall afford protection to the life of the petitioners as against respondents 4 to 6. We make it clear that we have not pronounced on the correctness of the allegations made by the petitioners against the party respondents. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.34190 of 2010 3 W.P.C.No.34190 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010