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 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 21362 of 2010(U) ----------------------------------------------- PETITIONER(S): ---------------------- 1. SALEEM, AGED 48 YEARS, S/O.LATE HAMEED, ELAMTHURUTHIL HOUSE, KALIKAVU AMSOM, THRIKKUNNASHERI DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. SAHIDA, AGED 35 YEARS, W/O.SALEEM,ELAMTHURUTHIL HOUSE, KALIKAVU AMSOM, THRIKKUNNASHERI DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY, DEPARTMET OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR GENERAL OF POLICE, (LAW AND ORDER)TRIVANDRUM ,KERALA-695001. 3. SUPERINTENDENT OF POLICE, MALAPPURAM -676505. 4. DY.S.P.PERINTHALMANNA-679322 5. C.I.OF POLICE, WANDOOR-679328 6. S.I.OF POLICE, KALIKAVU PIN-676525 7. A.P.THAPASSI @ NATESAN, APARAMEL VEEDU,CHRISTIAN PALLI ROAD, 70 ACRE P.O.676525. ADAKKAKUNDU, KALIKAVU. 8. IBRAHIM, RETD, TAHSILDAR, S/O.LATE HAMEED, JAI JAS NILAYAM, MALAYIDAM THRUTH PO,6835361.AATTUPADI, ALUVA, ERNAKULAM. W.P.(C).NO.21362 OF 2010 U 9. SIDHEEK, S/O.LATE HAMEED, ROSIYA MANZIL VENNALA P.O.,682025,PALARIVATTOM VIA,ERNAKULAM. 10. RASHEEDA, W/O.SIDHEEK ROSIYA MANZIL, VENNALA P.O.,682025, PALARIVATTOM,ERNAKULAM. 11. ABDUL SALAM, S/O.LATE HAMEED, RETD. DEPUTY TAHSILDAR, SIRAJ MANZIL, ELLAMTHURUTHIL HOUSE, ARIMANNAL P.O.,PAARASHERI, KAALIKAVU, MALAPPURAM DISTRICT PIN 676525. 12. LAILA, D/O.LATE HAMEED, ELLAMTHURUTHIL HOUSE,ARIMANNAL P.O.,676525, PAARASHERI, KAALIKAVU, MALAPPURAM DISTRICT. 13. YOUSUF, S/O.LATE HAMEED, ELLAMTHURUTHIL HOUSE, KELUNAIRPADI,KALLAMOOLA, PULLANKODE P.O.,676525. KAALIKAVU, MALAPPURAM 14. SULAIKA, W/O.YOUSUF, ELLAMTHURUTHIL HOUSE, KELUNAIRPADI,KALLAMOOLA,PULLANKODE P.O.,676525 KAALIKAVU, MALAPPURAM DISTRICT. R1 TO R6 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.T.A.SHAJI FOR R 8 TO 11 SRI.T.A.SHAJI FOR R7,12 TO 14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.21362 OF 2010 U PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF THE ASSIGNMENT DEED DATED 26.11.2009 IN FAVOUR OF THE 2ND PETITIONER. EXT.P2TRUE COPY OF THE NOTARIZED AFFIDAVIT SWORN TO BY THE 1ST PETITIONER'S FATHER ON 20.3.2010. EXT.P3TRUE COPY OF THE COMPLAINT SUBMITTED BY SRI. HAMEED (F/O. 1ST PETITIONER) BEFORE THE RESPONDENTS 3 AND 5 ON 23.3.2010. EXT.P4TRUE COPY OF THE ACKNOWLEDGMENT CARDS EVIDENCING RECEIPT OF EXT.P3. EXT.P5TRUE COPY OF THE INJUNCTION ORDER GRANTED IN FAVOUR OF THE 2ND PETITIONER VIDE ORDER IN I.A.488/2010 IN OS.NO.160/2010 DATED 24.4.2010. EXT.P6TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT S.I. OF POLICE ON 28.4.2010. EXT.P7TRUE COPY OF WOUND CERTIFICATE DATED 30.4.2010 ISSUED FROM DISTRICT HOSPITAL, MANJERI. EXT.P8TRUE COPY OF THE WOUND CERTIFICATE DATED 30.4.2010. EXT.P9TRUE COPY OF THE DISCHARGE CARD DATED 7.5.2010 WITH RESPECT TO THE 2ND PETITIONER. EXT.P10 TRUE COPY OF THE DISCHARGE CARD DATED 18.5.2010 WITH RESPECT TO THE 1ST PETITIONER. EXT.P11 PHOTOGRAPH SHOWING THE INJURED PETITIONERS. EXT.P12 TRUE COPY OF THE PETITION SUBMIT4TED BY THE 2ND PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER ON 17.5.2010. EXT.P13 TRUE COPY OF THE COMPLAINT SENT BY E-MAIL. EXT.P14 TRUE COPY OF THE E-MAIL SENT TO THE 3RD RESPONDENT ON 16.5.2010 REGARDING KIDNAPPING AND ASSAULT OF SRI. HAMEED. EXT.P15 TRUE COPY OF THE WOUND CERTIFICATE ISSUED TO HAMEED. EXT.P16 TRUE COPY OF THE COMPLAINT SENT TO THE 3RD RESPONDENT (S.P.MALAPPURAM) BY E-MAIL ON 16.5.2010. EXT.P17 TRUE COPY OF THE E-MAIL SENT BY 1ST PETITIONER TO THE 3RD RESPONDENT DATED 17.5.2010. EXT.P18 TRUE COPY OF THE WOUND CERTIFICATE ISSUED TO THE 1ST PETITIONER'S FATHER HAMEED ON 20.5.2010. EXT.P19 TRUE COPY OF THE COMPLAINT FORWARDED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT (DGP TVM) DATED 17.5.2010. W.P.(C).NO.21362/2010 U EXT.P20 TRUE COPY OF THE PRIVATE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE JFCM COURT, MANJERI. EXT.P21 TRUE COPY OF THE FIR IN CRIME NO.160/2010 DATED 3.6.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 21362 OF 2010 U --------------------------------------------------- Dated this the 26th July, 2010 JUDGMENT K.M. Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any appropriate writ or order, direction commanding respondents 3 to 6 to afford adequate and necessary protection to the life of the petitioners. ii) Declare that the action of respondents 7 to 14 is violative of Article 21 of the Constitution of India. iii) Issue any writ, order or direction to the fifth respondent to monitor the activities of respondents 7 to 14 and see that the petitioners are not disturbed.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are husband and wife who were living with the father of the first petitioner and two of his sisters. It is submitted by the learned counsel for the petitioners that respondents 8,9,11 WPC.21362/2010 U 2 and 13 are brothers, the 10th respondent is the wife of nineth respondent and 12th respondent is the sister of the first petitioner, and the 14th respondent is the wife of the 13th respondent. Seventh respondent, according to the petitioners, is a henchman. There are various allegations raised against the party respondents. There is no doubt that a Suit is also pending and Ext.P5 injunction order is passed. Petitioners have produced Exts.P7 and P8 which are Wound Certificates issued by the District Hospital. Ext.P9 is the discharge card in respect of the second petitioner. Ext.P10 is the discharge card issued in respect of the first petitioner. Petitioners have also submitted various representations. Ext.P15 is another wound certificate in respect of the father of the first petitioner. The matter is also engaging the attention of the Magistrate. A Counter Affidavit is filed disputing these allegations. 3. Learned counsel appearing for respondents 7 to 14 would submits that those respondents have no intention to cause any threat to the life of the petitioners. But, he would submit WPC.21362/2010 U 3 that the 12th respondent, the sister of the first petitioner is an aged lady and is residing in the house and in the light of the interim order, she may not be ousted or harassed. Learned counsel for the petitioners submits that the petitioners have no intention either to oust or harass the 12th respondent. We record the said submission and dispose of the Writ Petition by making the interim order absolute. We further make it clear that when the matter comes up before any Forum/Court, the said Forum/Court shall decide the issues untrammeled by anything contained in this Judgment. We also make it clear that we have not gone into the correctness of the allegations of the petitioners or of respondents 7 to 14. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge