IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 14222 of 2008(R) -------------------------- PETITIONER: ------------ K.A.MAJEED, AGED.48, S/O.IMU., KANNARATHARA HOUSE, KADUNGALLOOR KARA., KADUNGALLOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, ALUVA. 3. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. 4. MOHAMMEDE ALI, CHAKKALAKATH HOUSE, EAST KADUNGALLOOR, NEAR EDAPILLI MANA, U.C.COLLEGE P.O., ALUVA. 5. NOUSHAD, S/O.MOHAMMED ALI, CHAKKALAKATH HOUSE, EAST KADUNGALLOOR, NEAR EDAPILLI MANA, U.C.COLLEGE P.O., ALUVA. 6. HUSSAIN, S/O.MOHAMMED ALI, CHAKKALAKATH HOUSE, EAST KADUNGALLOOR, NEAR EDAPILLI MANA, U.C.COLLEGE P.O., ALUVA. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.P.K.YUSUFF ISSUDDIN ADV.SRI.M.M.ALIKUNJU & ADV.SRI.K.RAVEENDRAN FOR R.4TO6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14222/08 PETITIONER'S EXTS: EXT.P1: PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 25.2.2008 ISSUED BY THE KAROTHUKUZHY HOSPITAL. EXT.P2: PHOTOCOPY OF THE FIR DATED 17.2.07. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 'NIL'. EXT.P4: TRUE COPY OF THE COMPLAINT DATED 19.4.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14222 OF 2008 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking police protection for him and his family members in the background of alleged threat from the part of respondents 4 to 6. The said respondents drained waste water into a nearby irrigation canal. The petitioner questioned the propriety of the same. Thereupon respondents 4 to 6 brutally manhandled the petitioner and a crime has been registered against them as evident from Exhibit P2 FIR. According to the petitioner, the 6th respondent is a notorious criminal of that area. The petitioner and his family members are facing threat to their life from him and other respondents. So, he filed representations before the police for protection to his life and that of his family members and thereafter this writ petition was filed seeking appropriate reliefs. 2. Respondents 4 to 6 have filed a counter affidavit in which they denied the allegations against them. It is pointed out W.P.(C)No. 14222/08 -2- that there is a counter case also registered against the petitioner on the basis of the information lodged by the respondents. The petitioner is also draining waste water into the irrigation canal, it is submitted. 3. The learned Government Pleader upon instructions submitted that, at present there is no law and order problem prevailing in the area warranting interference from the part of the police. 4. This Court, while admitting the writ petition on 6.5.2008, has granted an interim order directing the police to render necessary protection to the life of the petitioner and his family members. 5. If there is any threat to the petitioner or to his family from the part of respondents 4 to 6, the petitioner may inform the 3rd respondent. In that event, the 3rd respondent shall look into the same and if found necessary render sufficient protection to the lives of the petitioner and his family members. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn