IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 15063 of 2010(G) ------------------------------------- PETITIONER(S): ---------------------- 1. P.V.VELAYUDHAN, AGED 65, PARAPUZHAYIL HOUSE, KADUMPIDY KARA,ENANELLOOR VILLAGE,MUVATTUPUZHA TALUK. 2. RAJAMMA, W/O. P.V.VELAYUDHAN, AGED 63, PARAPUZHAYIL HOUSE, KADUMPIDY KARA,ENANELLOOR VILLAGE,MUVATTUPUZHA TALUK. 3. SANDHYA SUBASH, AGED 32, W/O. SUBASH, PARAPUZHAYIL HOUSE, KADUMPIDY KARA,ENANELLOOR VILLAGE, MUVATTUPUZHA TALUK. 4. SUBHASH, AGED 34, PARAPUZHAYIL HOUSE, KADUMPIDY KARA,ENANELLOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, STATE OF KERALA, POLICE HEAD QUARTERS, SENA BHAVAN, TRIVANDRUM. 3. CIRCLE INSPECTOR OF POLICE, KALLOORKAD, KALLOORKKAD.P.O. 4. SUB INSPECTOR OF POLICE, POTHANIKKAD POLICE STATION, POTHANIKKAD. 5. SATHEESH, S/O. CHANDRAN, CHELAMOOTTIL HOUSE, KUDUPIDY.P.O. MUVATTUPUZHA. 6. BIJU, S/O. KUTTAPPAN, NADUVILA VEETTIL, KADUMPIDY.P.O. 7. BABU, S/O. AMMINI, MEENAMATTATHIL KADUMPIDY.P.O. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15063 OF 2010: PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF THE DISCHARGE CARD OF ST.GEORGE HOSPITAL, MUVATTUPUZHA IN THE NAME OF THE 4TH PETITIONER. EXT.P2.TRUE PHOTOCOPY OF THE BILL NO.889 DATED 17.4.2010 ISSUED FROM ST.GEORGE HOSPITAL, MUVATTUPUZHA IN THE NAME OF 4TH PETITIONER. EXT.P3.TRUE PHOTOCOPY OF THE FIR IN CRIME NO.98/2010 OF POTHANIKKAD POLICE STATION. EXT.P4.TRUE PHOTOCOPY OF COMPLAINT LODGED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 22.4.2010. EXT.P5.TRUE PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KALLOORKKAD. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.15063 of 2010-G ---------------------------------------------- Dated, this the 30th day of August, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “i. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the 3rd respondent to conduct further investigation in crime no.98/2010 of Pothanikkad Police station and to incorporate Sec.323 of the Indian Penal Code against the accused in the above case in the interest of justice. ii. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the respondents 3 & 4 to give adequate police protection to the life and property of the petitioners from the illegal acts of the respondents 5 to 7. iii. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the 3rd respondent to conduct enquiry upon the allegations of ill- treatment and harassment suffered by the petitioners at Pothanikkad Police station by the 4th respondent and other policemen and to take appropriate action against them in the interest of justice.” 2. Briefly put, the case of the petitioners is as follows: Adjacent to the residential building of the petitioners there is another building consisting of 15 shop rooms owned by the petitioners. Certain allegations are made bout what WPC 15063/2010 -2- happened on 15.4.2010 in regard to respondents 5 to 7. Petitioners complained. Ext.P3 is the FIR. It is the complaint of the petitioners that the party respondents have not been charged with appropriate offences. There is further allegation that respondents 5 to 7 who are members of a local goonda sangham are upto anything. Petitioners filed Ext.P4 complaint for which Ext.P5 receipt is issued. Though served, there is no appearance for the party respondents. We heard the learned counsel for the petitioners and learned Government Pleader. Learned Government Pleader submits that pursuant to the complaint crime has been registered. 3. As far as prayer Nos. 1and 3 are concerned, we would think that the remedy of the petitioners lies elsewhere. In regard to the 2nd prayer we are of the view that petitioners may be justified in view of the circumstances which are brought on record to seek police protection for their lives as against respondents 5 to 7. In such circumstances, we dispose of the writ petition as follows: 4. As and when petitioners complains of any threat to their lives by respondents 5 to 7 before respondents WPC 15063/2010 -3- 3 or 4, the officer before whom the complaint is made shall look into the same, and, on being satisfied about the genuineness of the complaint he shall provide sufficient protection to the lives of the petitioners as against respondents 5 to 7. In regard to the other prayer we leave it open to the petitioner to approach the appropriate forum including the District Police Complaint Authority. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS