IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 25354 of 2010(T) ------------------------------------ PETITIONER(S): --------------------- VIJAYAN PILLAI,T.G.CHELKKOTTU VEETTIL, VARENICKAL,THEKKEKKARA VILLAGE,MAVELIKKARA, NOW RESIDING AT V.V.NIVAS,THAMARAKULAM,CHAVADY, THAMARAKULAM VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 2. RAVEENDRAN PILLAI,PUTHAN VILAYIL, VARENICKAL,THEKKEKARA, MAVELIKKARA-690101. 3. HARI,PUTHAN VILAYIL,VARENICKAL, THEKKEKARA, MAVELIKARA-690101. 4. SREEJITH,SREEMANGALATH, VARENICKAL,THEKKEKARA, MAVELIKARA-690101. 5. ANANTHAKRISHNAN NAIR,SUB INSPECTOR OF POLICE, KAINADY, ALAPPUZHA DISTRICT-690201. 6. THE CIRCLE INSPECTOR OF POLICE, MAVELIKARA. R1 & R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R5 BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL R2 & R4 BY ADV. SRI.VINCENT JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25354 OF 2010 PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE COMPLAINT DATED 21.6.2008 SUBMITTED BY THE PETITIONER. EXT.P2. TRUE COPY OF THE REPORT DATED 13.10.2008 SUBMITTED BY THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA. EXT.P3. TRUE COPY OF THE ORDER DATED 3.11.2009 OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2A. TRUE COPY OF FIR IN CRME NO.44/2008 DATED 4.2.2007 PREPARED BY THE ASI OF POLICE, KURATHIKKAD. EXT.R2B. TRUE COPY OF FIR IN CRIME NO.158/2008 DATED 2.5.2008 PREPARED BY THE HC, KURATHIKKAD POLICE STATION. EXT.R2C. TRUE COPY OF WOUND CERTIFICATE DATED 2.5.2008 ISSUED BY PM HOSPITAL. EXT.R2D. TRUE COPY OF FIR IN CRIME NO.159/2008 DATED 2.5.2008 PREPARED BY THE HC KURATHIKKAD POLICE STATION. EXT.R2E. TRUE COPY OF WOUND CERTFICATE DATED 2.5.2008 ISSUED BY THE GOVERNMENT HOSPITAL, MAVELIKARA. EXT.R2F. TRUE COPY OF COMPLAINT FILED BY RESPONDENTS 2 TO 4 BEFORE THE CIRCLE INSPECTOR, MAVELIKARA DATED 18.8.2010. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.25354 of 2010-T ---------------------------------------------- Dated, this the 24th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. to issue a writ of mandamus or any other writ or order directing the Ist and 6th respondent to provide adequate and effective police protection to the petitioner and his family from the illegal acts of the respondents 2 to 5. ii) to issue a writ of mandamus or any other writ or order directing the 6th respondent to complete the reinvestigation of crime No.45/08 and 158/08of Kurathikad Police station within stipulated time.” 2. Briefly put, the case of the petitioner is as follows: Petitioner was employed in KSEB. Respondents 2 to 4 along with some others attacked the petitioner and his wife. He was brutally beaten up before his wife and his 11 year old son. A crime is registered. Respondents 2 to 4 have criminal records. Various allegations are raised. Petitioner filed petition. Enquiries have been made. The 6th respondent police officer is aiding the other party respondents. WPC 25354/2010 -2- 3. A counter affidavit is filed by respondents 2 to 4 and also by the 5th respondent. 4. We heard the learned counsel for the parties. Learned Government Pleader submits that crimes have been registered against respondents 2 to 4. In view of the context, we dispose of the writ petition as follows. If the petitioner complains of any threat to his life by respondents 2 to 4 before the 6th respondent, the 6th respondent will look into the same and if the threat is found to be genuine, the 6th respondent shall provide adequate protection for the life of the petitioner as against respondents 2 to 4. We make it clear that this judgment will not stand in the way of the Court considering the matter. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS