IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 3965 of 2010(U) ------------------------------------- PETITIONER(S): ---------------------- MAJITHA, AGED 33, W/O.NAUSHAD, PACHIKKODE PUTHEN VEETTIL, VAZHIMUKKU, NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. 3. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA. 4. A.SALIM, S/O.ABUBAKER, KAITHOTTUKONAM KUTTY COTTAGE, VAZHIMUKKU, NEYYATTINKARA. 5. SHARAFUDHEEN @ KURUDAN, PACHIKODU PUTHEN VEETTIL, VAZHIMUKKU, NEYYATTINKARA. 6. ABDUL LATHEEF, S/O.AHAMED KANNU, PLANKALAVILA VEETTIL, VAZHIMUKKU, NEYYATTINKARA. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3965 OF 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF COMPLAINT TO 3RD RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.3965 of 2010-U ---------------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief:-- “i). to issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to afford adequate and effective police protection to the life of petitioner and her family from the acts of violence of respondents 4 to 6 and their henchmen.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is the Councilor in Ward No.1 of Neyyattinkara Municipality. The allegation is that the election to the post of Chairperson of Municipality was held on 28.1.2010. It is stated that her husband is ailing from kidney disease. It is also stated that the condition of her husband became worse and the petitioner was disabled from participating the meeting of Council for election of Chairperson. It is the case of the petitioner that respondents WPC 3965/2010 -2- 4 to 6 spread false propaganda against the petitioner that she deliberately abstained from the meeting after taking illegal gratification of lakhs of rupees. It is stated that petitioner had gone to the marriage of her brother on 30.1.2010 and 31.1.2010. On those days respondents 4 to 6 had gone to the house of her husband and forcibly entered the house. The mother-in-law found inside the house was doozed in filthy language. It is further stated that the husband of the petitioner is threatened to be done away with and her children are threatened to give up studies by respondents 4 to 6. It is stated that respondents 4 to 6 had on their credit bad antecedents. Respondent No.4 is an ex-convict and he was released from jail after serving the sentence. It is stated that petitioner filed Ext. P1 complaint before the 3rd respondent. 3. We heard the learned counsel for the petitioner and learned Government Pleader. The learned Government Pleader, on instruction, would submit that respondents 4 to 6 were called to police station and were warned. In the light of the above facts, the writ petition is WPC 3965/2010 -3- disposed of, directing that in case there is any complaint from the petitioner seeking protection for life against respondents 4 to 6, respondents 2 and 3 will afford adequate protection for the life of the petitioner, the life of her husband and mother. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS