IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31510 of 2011(K) -------------------------------------- PETITIONERS: --------------------- 1. LATHEEFA HAKKIM,AGED 38 YEARS, W/O.ABDUL HAKKIM,NAVAS MANZIL,EZHIPPURAM, PARAPPALLY VILLAGE,KOLLAM DISTRICT. 2. AYEESHA BEEVI,D/O.JAMEELA BEEVI, -DO- -DO-. BY ADVS. SRI.ALEX N.MATHEW (KOLLAM), SRI.H.RAMANAN, SRI.JAMES JOSE. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE,PARIPPALLY POLICE STATION,PARIPPALLY,PIN-691 574. 2. SUPERINTENDENT OF POLICE,KOLLAM, PIN-691 001. 3. NAVAS.J,SALAHUDEEN MANZIL, EZHIPPURAM,PARIPPALLY VILLAGE,KOLLAM DISTRICT, PIN-691 574. 4. LATHEEFA NAVAS,W/O.NAVAS.J, -DO- -DO- 5. RAMSI,D/O.NAVAS.J, -DO- -DO- 6. SALAHUDEEN,S/O.NAVAS.J, -DO- -DO- R1 & R2 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31510/2011-K: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: WRITTEN STATEMENT CUM COUNTERCLAIM IN O.S.503/2011 OF THE SUB COURT,KOLLAM. (TRUE COPY) EXT.P2: FIRST INFORMATION REPORT NO.909 OF THE PARIPPALLY POLICE STATION. (TRUE COPY) EXT.P3: ACCIDENT REGISTER CUM WOUND CERTIFICATE OF THE TALUK HEAD QUARTERS HOSPITAL,CHIRAYINKIL.(TRUE COPY). EXT.P4: TREATMENT CERTIFICATE CUM DISCHARGE SUMMARY OF TALUK H.Q.HOSPITAL,CHIRAYINKIL (TRUE COPY) EXT.P5: PETITIONERS COMPLAINT TO IST RESPONDENT.(TRUE COPY) EXT.P6: PETITIONER COMPLAINT TO 2ND RESPONDENT (TRUE COPY) RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.31510 OF 2011 ------------------------ Dated this the 24th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, both of them ladies, have filed this writ petition under Article 226 seeking protection for their lives and limbs from the alleged atrocities and contumacious acts allegedly perpetrated by respondents 3 to 6. A perusal of the materials placed on record will show and it is admitted by Sri.H.Ramanan learned counsel for the petitioners that civil disputes are pending before a competent court between the petitioners and the party respondents. But, according to Mr.Ramanan, the petitioners are seeking protection only for their lives and limbs. Every now and then the party respondents are threatening the petitioners. There has been attempt of assaults. In fact, there were assaults and the petitioners sustained injuries and the police have registered crimes also against the party respondents. But, in spite of the registration of crimes, the party respondents are not stopping their illegal acts. 2. As directed by us, Sri.Dhanesh Mathew Manjooran WPC.No.31510/2011 2 learned Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. 3. Having considered the averments in the writ petition and the rival submissions addressed at the Bar, we are of the view that it is not necessary that we examine the truth or otherwise of the averments in the writ petition. Since it is seen that police have registered crimes acting on the earlier petitions filed by the petitioners, it is too early to blame the police of lethargy. We find that Ext.P5 has been submitted by the petitioners before the first respondent - Station House Officer, Parippally Police Station. We direct the first respondent to take up Ext.P5 immediately and to conduct a thorough enquiry into the same. As part of the enquiry, the first respondent can either summon or meet the respondents 3 to 6. If the enquiry reveals that there is truth in what the petitioners allege in Ext.P5, it shall be the obligation of the first respondent to take requisite steps for ensuring that the petitioners' lives and limbs are safe and that they are able to live peacefully in their place of residence . At any rate the first respondent shall keep constant vigil over the parties and their place of residence and ensure that disputes WPC.No.31510/2011 3 between the petitioners and the party respondents do not give rise to violence or law and order situations. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk