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. 34296 of 2011(J) -------------------------- PETITIONER(S): --------------- RAMANAN P.N. AGED 67 YEARS, SHEEBA BHAVANAM, PARAKKODE, WARD NO.14, ADOOR MUNICIPALITY. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): --------------- 1.BALAN, THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, 691523 2. INDIRA, W/O. BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, 691523 3. SARANYA D/O. BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, 691523 4. SARANJITH, S/O. BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, 691523 5. SUNIL, S/O. KRISHNANKUTTY CHERIYIL VEEDU, PARAKKODE, ADOOR TALUK, 691523 6. NANDINI, AGED 55 YEARS THENGUVILAYIL HOUSE, PARAKKODE, ADOOR TALUK, 691523 7. DEPUTY SUPERINTENDENT OF POLICE, ADOOR 691523. 8. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR. BY GOVT.PLEADER SRI.CYRIAC KURIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34296/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 2/11/2011 IN W.P.(C) NO.25948/2011 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE COMPLAINT FILED BEFORE THE 7TH RESPONDENT BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34296 OF 2011 ------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner has filed this writ petition seeking protection for his life and limbs from the threats, assaults and contumacious acts against him by the first respondent and his hencemen. According to the petitioner, in the measurement, which was conducted pursuant to certain orders passed by this court, it was revealed that the petitioner is eligible for one cent of land more than the first respondent. This was very much to the chagrin of the first respondent. He is now threatening the petitioner with danger to life and limbs. 2. On this writ petition coming up for admission, Sri. Cyriac Kurian learned senior Government Pleader has taken notice on behalf of respondents 7 and 8. 3. Having considered the averments in the writ petition and the submissions addressed at the Bar by Sri.K.Madhusoodhanan W.P.(C) No. 334296 /2011 2 Nair learned counsel for the petitioner and Sri.Cyriac Kurian learned senior Government Pleader, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegations of the petitioner. According to us, to a certain extent, relief can be given to the petitioner and the writ petition can be disposed of in the following terms even without issuing notice to the party respondents. 4. The 7th respondent, before whom Ext.P2 is submitted, will conduct an immediate enquiry into Ext.P2 either directly or by any officer in whom he is having confidence. The officer conducting the enquiry can summon respondents 1,4 and 5. He can meet other party respondents as part of the enquiry. But, if the statements of party respondents 2,3 and 6 have to be taken, the same will be taken in the presence of the Civil Police Officer (women). 5. 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 respondents 1 and his henchmen, then the officer conducting the enquiry shall take such steps as are necessary for protecting the life and limbs of the petitioner. W.P.(C) No. 334296 /2011 3 The petitioner is directed to send a copy of this judgment as soon as she receives the same to the first respondent by Registered Post with Acknowledgment Due. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 334296 /2011 4