IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34326 of 2011(M) -------------------------- PETITIONER(S): --------------- SANTHOSHKUMAR, S/O.CHELLAKUTTAN NADAR, AGED 29 YEARS, S.R.BHAVAN, MUKKAMPALAVILA, KEEZHKOLLA DESOM, KOLLAYI VILLAGE, FROM KIZHAKKEKARA EDATHATTU PUTHEN VEEDU,PERUNGOTUKONAM VADACODE DESOM, PERUMPAZHUTHOOR VILLAGE, PIN-682021. BY ADV. SRI.BLAZE K.JOSE SMT.B.BINDU SMT.N.DEEPA RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), PIN-695001. 2. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA-695121. 3. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA-695121. 4. SUB INSPECTOR OF POLICE, NEYYATTINKARA-695121. 5. CHELLAKUTTAN NADAR, S/O.KESAVAN NADAR, KIZHAKKEKARA EDATHATTU PUTHEN VEEDU, PERUNGOTTUKONAM, VADACODE DESOM, PERUMPAZHUTHOOR VILLAGE, PIN-695126. 6. SARADA, D/O.KAMALAKUMARI, RESIDING AT KIZHAKKEKARA EDATHATTU PUTHEN VEEDU, PERUNGOTTUKONAM, VADACODE DESOM, PERMPAZHUTHOOR VILLAGE, PIN-695126. 7. ANIL KUMAR, S/O.CHELLAKUTTAN NADAR, UDHAMKOTTIL, URIYAKODE, THIRUVANANTHAPURAM, PIN-695543. 8. C.RAJAN, KIZHAKKINKARA PUTHEN VEEDU, KALATHUVILA, PERUNGOTTUKONAM, PIN-695126. 9. MOHANAN, S/O.APPU, MEKKUMKARA, PUTHENVEEDU, KEELIYODU, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695121. BY GOVT.PLEADER SRI.SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34326/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.1557 DATED 1/9/1999. EXT.P2: COPY OF THE TAX RECEIPT. EXT.P3: COPY OF AFFIDAVIT AND PETITION FILED AS I.A. NO. 8583 IN O.S. 1174 BEFORE THE ADDITIONAL MUNSIFF - 11, NEYYATTINKARA DATED 8/3/2011. EXT.P4: COPY OF THE ORDER IN I.A. NO.8583/2010 IN O.S. NO.1174/2010 DATED 8/3/2011. EXT.P5: COPY OF THE COMPLAINT DATED 12/6/2011 SUBMITTED TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE COMPLAINT DATED 18/11/2011 SUBMITTED TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34326 OF 2011 ------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner is seeking police protection for his life and limbs from the threats, assaults and contumacious acts of the 7th respondent -the petitioner's brother, and respondents 8 and 9 who are described as the henchmen of the 7th respondent. Respondents 5 and 6 are the parents of the petitioner. It is stated that the petitioner got certain items of property from respondents 5 and 6. In respect of those properties, some civil disputes are pending before the local Munsiff Court. Even as the civil disputes in respect of the property are pending before the Munsiff Court, the 7th respondent is taking law into his hands and is threatening the petitioner with danger to his life and limbs. These are the allegations of the petitioner. 2. On this writ petition coming up for admission, Sri.Susheel Cyriac learned Government pleader has taken notice W.P.(C) No. 34326/2011 2 on behalf of respondents 1 to 4. 3. Having considered the averments in the writ petition, various materials placed on record and the submissions addressed before us by Smt.N.Deepa learned counsel for the petitioner, we feel that it is not necessary that we take a decision as to the truth or otherwise of the allegations levelled by the petitioner against respondents 7 to 9. According to us, relief to a certain extent can be given to the petitioner even without issuing notice to the 7th respondent. We dispose of this writ petition at this stage itself in the following terms; i). The first respondent is directed to take up Exts P5 and P6 and to have an enquiry conducted into the same either directly or through the 2nd or 3rd respondents. The officer conducting the enquiry will summon respondents 7 to 9 as part of the enquiry. If the enquiry reveals that there is truth in the allegation of the petitioner that there is subsisting threat to his life and limbs from the part of respondents 7 to 9, the officer conducting the enquiry will take such steps as are necessary for protecting the life and limbs of the petitioner from all danger. ii). The petitioner is directed to send a copy of this W.P.(C) No. 34326/2011 3 judgment as soon as he gets the same by Registered Post with Acknowledgment Due to respondents 7 to 9. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 34326/2011 4