IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 33657 of 2010(F) --------------------------------------- PETITIONERS: --------------------- 1. V.K.GOPINATHAN,AGED 70 S/O.KESAVAN, MELAPADAVIL HOUSE, VAIKOM TALUK, VADAKKE MURI VILLAGE, UDAYANAPURAM P.O., PIN -686 143. 2. G.K.SARASWATHY, AGED 61, W/O.V.K.GOPINATHAN, MELPADAVIL HOUSE, VAIKOM TALUK, VADAKKE MURI VILLAGE, UDAYANAPURAM P.O., PIN- 686 143. BY ADVS. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM P.O., PIN -686 141. 2. THE DY.SUPERINTENDENT OF POLICE, NEAR PALAI TOWN POST OFFICE, PALAI-686 575. 3. SURENDRAN, AGED 58 , S/O.KOCHU PILLAI, PULIKKIYIL HOUSE, KULASEKHARAMANGALAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT- 686 608. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISHMA, R3 BY ADV. SRI.S.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33657/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INTERIM ORDER DTD. 02/06/2010 IN W.P.(C).16944/2010. EXT.P.2: COPY OF THE RECEIPT DTD. 10/06/2010 ISSUED BY THE OFFICE OF THE R.1. EXT.P.3: COPY OF THE RECEIPT DTD. 18/09/2010 ISUED BY THE OFFICE OF THE R.1. EXT.P.4: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE R.2. RESPONDENTS' EXHIBIT: EXT.R3.A: COPY OF THE FIR IN CRIME NO. 1105/2010 OF VAIKOM POLICE STATION. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33657 of 2010 ---------------------------------------- Dated this the 14th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ order or direction commanding respondents 1 and 2 to afford adequate police protection to the life and property of the petitioners. ii) To issue a writ of mandamus or any other appropriate writ order or direction commanding respondents 1 and 2 to enquire into Ext.P2, P3 & P4 complaints and initiate action against respondent No.3. 2. Briefly put, the case of the petitioners is as follows: 3. Petitioners are husband and wife. The daughter of the petitioners is a spinster. It is alleged that the 2nd petitioner filed a suit against illegal mining of sand by the 3rd respondent and his sister. The 2nd petitioner and a neighbouring owner filed a writ petition. Ext.P1 interim order was passed by this Court. This W.P.C.No.33657 of 2010 2 has infuriated the 3rd respondent. The 3rd respondent had threatened the petitioners. The petitioners are unable to enter, take yields from their own property. 4. Counter affidavit is filed by the 3rd respondent wherein it is inter alia stated that the 1st petitioner is the cousin brother of the 3rd respondent. It is alleged that there are civil disputes. It is inter alia stated that the son of the petitioners and his goondas have attacked the 3rd respondent. Reply affidavit is filed by the petitioners. 5. We have heard the learned counsel for the parties and the learned Government Pleader. The learned Government Pleader, on instructions, submits that crimes have been registered against the petitioners on the complaint of the third respondent and also against the third respondent on the complaint of the petitioners. The learned Government Pleader submits that as of now, there is no problem. 6. We record the submission of the learned counsel for the 3rd respondent that the 3rd respondent has no intention to cause any threat to the life of the petitioners. If, contrary to the submission of the 3rd respondent, the petitioners are constrained W.P.C.No.33657 of 2010 3 to file any complaint before the 1st respondent alleging any threat to the life of the petitioners by the 3rd respondent, the 1st respondent will look into it and if the complaint is found to be genuine, he shall provide protection to the life of the petitioners. 7. We further make it clear that when the matter comes up before any court/forum, the said court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33657 of 2010 4 W.P.C.No.33657 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010