IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 6191 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- MAMPAZHATHARA SALIM, S/O. MYTHEEN KUNJU, WAHID BUILDING, EDAPALAYAM, ARYANKAVU, KOLLAM DISTRICT. . BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS,KOLLAM DIST. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR,KOLLAM DIST. 3. THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, KOLLAM DIST 4. THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION,KOLLAM DIST 5. SRI.S.JAYA MOHAN, DISTRICT COMMITTEE MEMBER, CPI(M) DISTRICT COMMITTEE OFFICE, POLAYATHODE, KOLLAM DIST. 6. SRI. R.PRADEEP, LOCAL COMMITTE SECRETARY C.P.I.(M) OFFICE KAZHUTHURUTHY.P.O., PUNALUR, KOLLAM. 7. SRI.R.GUNASEELAN, JOINT SECRETARY CITU, KOLLAM DISTRICT PLANTATION WORKERS UNION, THENMALAVALLY MEGHALA COMMITTEE, KAZHUTHURUTTY.P.O. PUNALUR, KOLLAM. 8. SRI. MATHAI THOMAS, CPI(M) LOCAL COMMITTEE MEMBER, PULLATT VEEDU, ARYANKAVU.P.O.,ARYANKAVU, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R5 TO R8 BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6191 OF 2010: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE NEWS ITEM DATED 10.2.2010 APPEARED IN THE MATHRUBHUMI DAILY. EXT.P2.TRUE COPY OF THE COMPLAINT DATED 12.2.2010 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6191 of 2010-Y ---------------------------------------------- Dated, this the 17th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking police protection for life and property of the petitioner from respondents 5 to 8 and their henchmen. 2. Briefly put, the case of the petitioner is as follows:-- Petitioner was an active worker of CPI (M) and a Trade Union leader of CITU for the last 32 years. He was the Ex-Panchayath President of Aryankavu Grama Panchayath and now holding the post of Standing Committee Chairman. It is stated that due to difference of opinion, he resigned from CPI (M) and propose to join Congress. Allegations are made against respondents 5 to 8 who are the local leaders of the CPI (M). 3. We heard the learned counsel for the petitioner, learned counsel for respondents 5 to 8 and also the learned Government Pleader. Learned counsel for respondents WPC 6191/2010 -2- 5 to 8 would submit that respondents 5 to 8 have no intention to harm the petitioner. 4. We are not going into the allegations made against respondents 5 to 8. Recording the stand taken by respondents 5 to 8 the writ petition is disposed of as follows:- There will be a direction to respondents 1 to 4 to provide adequate and effective police protection to the life of the petitioner from respondents 5 to 8 and their henchmen. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS