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. 34342 of 2011(P) -------------------------- PETITIONER(S): --------------- SAMEEMATHUNNEESA P., W/O.JAFFER, AGED 33 YEARS, MEMBER, WARD NO.14, KODUR GRAMA PANCHAYAT, MALAPPURAM DISTRICT, RESIDING AT PATTUPARA HOUSE, OTTATHARA, KODUR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT-676504. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695025. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CIVIL STATION, UP HILL P.O., MALAPPURAM-676505. 3. THE STATION HOUSE OFFICER, MALAPPURAM POLICE STATION, MALAPPURAM-676505. 4. ILLIKOTTIL MOIDEEN, S/O.MOIDU, ILLIKOTTIL HOUSE, MATTATHUR, KOTTAKKAL POST, MALAPPURAM DISTRICT-676503.(WITHIN THE JURISDICTION OF KOTTAKKAL POLICE STATION). 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.34342/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE COMPLAINT FILED BY THE FATHER-IN-LAW OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13/12/2011. EXT.P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/12/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34342 OF 2011 ------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who represents Ward No. 14 in Kodur Grama Panchayat of Malappuram District, has approached this court seeking protection for the lives and limbs of herself and members of her family including her father-in-law from the threats and contumacious acts of the 4th respondent. 2. On this writ petition coming up for admission, Sri.Cyrian Kurian learned Government Pleader has taken notice on behalf of respondents 1 to 3. 3. Having considered the averments in the writ petition and various documents placed on record along with the same and the submissions addressed before us by Smt.Latha Prabhakaran learned counsel for the petitioner, we are of the view that even without taking a decision as to the truth or otherwise of the allegation raised, reliefs, to a certain extent, can be given to the W.P.(C) No.34342 /2011 2 petitioner, that too without issuing notice to the 4th respondent. Accordingly, we dispose of this writ petition in the following terms; 2. The 2nd respondent, before whom Ext.P2 is submitted by the petitioner, will forward the same to the 3rd respondent- Station House Officer. The 3rd respondent will take up Ext.P1 and also Ext.P2 once the same is got forwarded to him and conduct a thorough and sincere enquiry into Exts.P1 and P2. As part of the enquiry, the 3rd respondent can summon the 4th respondent. If the enquiry reveals that there is truth in the allegation of the petitioner that there is subsisting threat to the life and limbs of the petitioner and that on account of such threat, the petitioner is not able to discharge her duty as a representative of the people, then the 3rd respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioner and his family members and pave the way for the discharge of the official duty by the petitioner as a member of the Panchayat, peacefully. The petitioner will send a copy of this judgment as soon as she gets the same by Registered Post with Acknowledgment Due W.P.(C) No.34342 /2011 3 to the 4th respondent. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk