IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 23446 of 2008(N) -------------------------- PETITIONERS: ------------ 1. THYAGU, S/O.UPENDRAN, SREEKRISHNA VILASOM, VADASSERIKONAM P.O., NJAKKAD, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM. 2. ANILKUMAR, S/O.SASIDHARAN, MANGALATJUVILA, KIZHAKKETHIL HOUSE, THATTAMALA P.O., KOLLAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. 2. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM. 3. MADAVOOR RADHAKRISHNA KURUP, STATE TREASURER, SIVA SENA OFFICE, PARIPPALLY. 4. SATHEESAN, BICO INDUSTRIES BUILDINGS, SIVA SENA OFFICE, PARIPPALLY. 5. VINOD, DO. DO. 6. SREELAL, DO. DO. BY ADV. SRI.M.FATHA HUDEEN FOR R3-6 BY GOVERNMENTPLEADER, SRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23446/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE RECEIPT EXT.P2: COPY OF THE REPRESENTATION DT.29.7.2008 SUBMITTED TO THE 1ST RESPONDENT BY THE 1ST PETITIONER. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.23446 OF 2008 ---------------------------------------- Dated this the 25th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners have approached this Court alleging that the respondents 3 to 6 are threatening to compel them to pay money to their political movement. The petitioners submitted that the collection is in the form of “goonda pirivu”. They don't have any affinity to the political movement represented by those persons and they are not interested in financially supporting them. But using muscle power, they are trying to extract money from the petitioners, it is alleged. Though they moved the police, the petitioners submit police did not take any effective action. Hence this writ petition. 2. After hearing both sides, we passed an interim order in favour of the petitioners, as prayed for by them. Normally, donations are collected by political parties and the people who are interested in such parties voluntarily make the donation. W.P.(C) No.23446/2008 2 But, here the allegation is that muscle power is used to threaten the petitioners to part with their money. In such circumstances, the petitioners are entitled to get police protection, as prayed for by them. The interim order passed by this Court is made absolute and the writ petition is dispose of . (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps