IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29433 of 2011(D) -------------------------- PETITIONER(S): --------------- RAJEEVAN, KIZHAKKETHIL HOUSE, MARUTHOORKULANGARA SOUTH, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1.THE COMMISSIONER OF POLICE, KOLLAM 691013. 2. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION KARUNAGAPPALLY, KOLLAM DISTRICT 690518. 3.THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION KARUNAGAPPALLY, KOLLAM DISTRICT 690518. 4. RADHA, W/O. RAGHAVAN, "RAREERAM" HOUSE, KALLERIBHAGOM POST, KARUNAGAPPALLY, KOLLAM 690518. 5. RAGHAVAN, "RAREERAM" HOUSE, KALLERIBHAGOM POST, KARUNAGAPPALLY, KOLLAM 690518 6. RAHUL, S/O. RAGHAVAN, "RAREERAM" HOUSE, KALLERIBHAGOM POST, KARUNAGAPPALLY, KOLLAM 690518 7. BIJU, NEAR MARUTHOORKULANGARA KSHETHRAM ALUNKADAVU POST, KARUNAGAPPALLY, KOLLAM 691 286 8.RADHAKRISHNAN, "KRISHNANILAYAM" IDAKKULANGARA POST, KARUNAGAPPALLY, KOLLAM 691 312. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29433/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SUIT, O.S. NO.311/2011 BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P2: COPY OF THE COMMISSIONER'S REPORT DATED 17/10/2011. EXT.P3; COPY OF THE REPRESENTATION DATED 10/10/2011 BEFORE THE 1ST RESPONDENT. EXT.P4; COPY OF THE COMMUNICATION DATED 16/10/2011 TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.29433 OF 2011 ------------------------ Dated this the 4th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who claims to be a Harijan, has filed this writ petition seeking protection for his life and limbs from the alleged atrocities of respondents 4 to 8 and also protection for 7 cents of property in Resurvey No.186/6/1 and 186/6/2 of Ayanivelikkulangara village which according to him belongs to his own absolute possession. As for the protection claimed in respect of the property, we notice that the dispute between the petitioner and the party respondents 4 and 5 is already before the Munsiff Court, Karunagappally in Ext.P1 suit. Ext.P2 commission report also has been obtained in that suit. We direct the petitioner to pursue Ext.P1 and seek appropriate relief in respect of the property from the Munsiff Court itself. 2. Coming to the personal protection sought for, we find that Ext.P3 representation has been submitted by the petitioner WPC.No.29433/2011 2 to the 1st respondent - City Commissioner of Police, Kollam,. The petitioner has made a specific averment that his motions before the Subordinate Officers and the police was unsuccessful and that is why he became constrained to move the Commissioner of Police himself. 3. We direct the first respondent to take up Ext.P3 immediately and to conduct a detailed enquiry into the same either directly or through any subordinate police officer in whom he was confidence. If the enquiry reveals that there is subsisting threat to the life and limbs of the petitioner or members of his family from any of the party respondents, it will be the obligation of the first respondent to ensure that the life and limbs of the petitioner and members of his family are safe. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.29433/2011 3