IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 20866 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- KUNJALANKUTTY T.P., THAZHEPARAMBAN HOUSE, KUNDILADY, KAVANOOR AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE,ARECODE, MALAPPURAM DISTRICT-673639. 2. THE SUPERINTENDENT OF POLICE,MALAPPURAM, PIN-676505. 3. AHAMMEDKUTTY,S/O.ABDUL KHADER, YARATHINGAL,KAVANOOR,ARECODE,MALAPPURAM DISTRICT, PIN-673644. 4. MOHAMMED,S/O.KADEESA,YARATHINGAL, KAVANOOR,ARECODE,MALAPPURAM DISTRICT-673644. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.20866/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 21/05/2011. P2: COPY OF THE COMPLAINT SUBMITTED BY THE NEIGHBORS OF THE PETITIONER, BEFORE THE 1ST RESPONDENT. P3: COPY OF THE COMPLAINT DATED 12/07/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20866 of 2011 ------------------------------- Dated this the 8th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has filed this writ petition complaining that respondents 3 and 4 who are related to him are causing danger to the society as their mental health is highly precarious. Hence this writ petition has been filed seeking directions to the 1st respondent, Station House Officer, to provide adequate and effective protection to the life and property of the petitioner and his family members, against the culpable acts of violence perpetrated by respondents 3 and 4. The petitioner has also stated that though Ext.P1 complaint was given to the 1st respondent, he has not taken any action. On consideration of this writ petition for admission, we directed the learned Government Pleader to seek instructions from the 1st respondent regarding the 2 W.P.(C) No.20866 of 2011 correctness of the allegations in the writ petition. Today, the learned government Pleader would submit on the basis of instructions received that, it is not correct to say that the mental condition of respondent no.4 is so grave as warranting action by the police under section 23 of the Mental Health Act. Learned Government Pleader however submitted that, even the 1st respondent thinks that there is mental derangement for the 4th respondent. Mr.Shamsudheen learned counsel for the petitioner did not agree with the submissions of learned Government Pleader. According to him, the mental health of the 4th respondent is in a dangerous condition and the 3rd respondent who does not have any serious mental health problem is actually instigating the 4th respondent to indulge in acts of vandalism against the petitioner. There is subsisting threat to the life of the petitioner on account of this. 2. Having regard to the submissions addressed at the Bar, we are of the opinion that this is a case where the 1st respondent should keep vigil over the property in question 3 W.P.(C) No.20866 of 2011 and also over respondents 3 and 4. The 1st respondent is directed to conduct further enquiry into Ext.P1, especially in the context of the allegation of the petitioner that the 3rd respondent who does not have any serious mental health problem is instigating the 4th respondent to indulge in acts of vandalism against the petitioner. At any rate the 1st respondent will ensure that no danger is caused to the petitioner's life on account of the 4th respondent. With these directions we dispose of this writ petition. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/