IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 11795 of 2008(D) PETITIONER: R. VELAPPAN, VRK BHAVAN, KURUVITHOTTAM, PUNNAKKULAM, KOTTUKAL, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS : 1. THE ASSISTANT COMMISSIONER OF POLICE (FORT), THIRUVANANTHAPURAM CITY. 2. CIRCLE INSPECTOR OF POLICE, VIZHINJAM CIRCLE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM. 4. APPU, S/O. CHELLAN NADAR, EDATHATTU PUTHEN VEEDU, KURUVITHOTTAM, PUNNAKKULAM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. 5. SYAMALAKUMAR, S/O. RAMAN NADAR, -DO--DO- 6. RAVI, S/O. MADHAVAN NADAR, KIZHAKKE VEEDU, KURUVITHOTTAM, PUNNAKKULAM, KOTTUKAL VILLAGE. 7. SUDHAKARAN, S/O. RAMAN NADAR, EDATHATTU PUTHEN VEEDU, KURUVITHOTTAM,PUNNAKKULAM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. E4 TO R7 BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS GOVERNMENT PLEADER SRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11795 of 2008(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER'S BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA. EXT.P2 TRUE COPY OF THE PETITION AS CMP.NO.4734/07 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA DATED 13.9.2007. EXT.P3 TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA. EXT.P4 TRUE COPY OF THE REPLY VIDE NO.156/Ptn/2007/ACF DATED 6.7.2007 SENT BY THE ASSISTANT POLICE COMMISSIONER, (FORT) THIRUVANANTHAPURAM CITY TO THE PETITIONER. EXT.P5 TRUE COPY OF THE COMPLAINT DATED 10.03.2008 SUBMITTED BY PETITIONER BEFORE THEWOMEN'S COMMISSION. EXT.P6 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.03.2008. /true copy/ P.A. TO JUDGE. K. BALAKRISHNAN NAIR & K.T. SANKARAN, JJ. ................................................................................... W.P.(C) No. 11795 OF 2008 ................................................................................... Dated this the 22nd July, 2008 J U D G M E N T Balakrishnan Nair, J: The petitioner has approached this court seeking police protection to him and his family members in the background of alleged threat from respondent Nos. 4 to 7. Respondent Nos. 5 and 7 are brothers of his wife and others are his co-brothers, it is submitted. It is stated in the petition that he is leading a comfortable life because of his job under the Government and that his son is studying in an English Medium school. Driven by the base feeling of jealousy, they are threatening and abusing the petitioner and his wife using filthy language, it is stated, The petitioner had moved the Criminal Court at Neyyattinkara earlier by filing a miscellaneous petition, in which the court concerned had directed the police to enquire into the matter. Since the police had not taken any effective action in the matter and fed up with the harassment from respondent Nos. 4 to 7, the petitioner had preferred Ext. P6 petition before the Assistant City Commissioner of Police (Fort), Thiruvananthapuram, the first respondent herein. In the said petition, he has stated that since the party respondents are threatening to kill him and his family members, he requires protection to him and his family members. Since police did not take any effective steps even after the filing of Ext. P6 petition, this Writ Petition is filed. 2. Respondent Nos. 4 to 7 denied the allegations levelled against them by the petitioner. They submitted that they have no intention whatsoever to physically harm W.P.(C) No. 11795 OF 2008 2 the petitioner or his family members. They contended that since the petitioner is an employee of M.A.C.T, Neyyattinkara, taking advantage of that position, he is filing petitions after petitions against them. He is harassing them without justification, it is submitted. 3. Learned Government Pleader, upon instruction, submitted that both the parties were called to the police station and they were strictly warned not to create any problem. We record the submission made on behalf of respondent Nos. 4 to 7 that they have no intention whatsoever to physically harm the petitioner or his family members. Placing on record the submission made by respondent Nos. 4 to 7, the Writ Petition is disposed of. K. BALAKRISHNAN NAIR JUDGE. K.T. SANKARAN, JUDGE. lk