IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30477 of 2011(H) -------------------------- PETITIONER(S): --------------- SHAJI, S/O.SIVA SANKARAN PILLAI, AGED 40 YEARS, SHAJI BHAVAN, THEVANNOOR, AYOOR, KOLLAM. BY ADV. SRI.SYAM J SAM SMT.AATHIRA RAJU RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL S.P) KOTTARAKARA, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHADAYAMANGALAM, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM. 4. ASSISTANT MOTOR VEHICLE INSPECTOR, PUTHOOR ROAD, KOTTARAKARA, KOLLAM. 5. SRIKUMAR, KUNNUVILA VEEDU, ELAMADU P.O., THEMBRAKONAM, ELAMADU, KOTTARAKARA, KOLLAM, PIN-691 533. 6. GOPAKUMAR @ SASI, GOKULAM, THEVANNOOR, KOTTARAKARA, KOLLAM, PIN-691 533. 7. VIJITH, KIZHAKADATHU VEEDU, THEVANNOOR, KOTTARAKARA, KOLLAM, PIN-691 533. 8. JAYAN, VAYALARIKATHU VEEDU, THEVANNOOR, KOTTARAKARA, KOLLAM, PIN-691 533. 9. MANU @ MAKKU, MANU MANDIRAM, THEVANNOOR, KOTTARAKARA, KOLLAM-691 533. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30477/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT MOVED BEFORE THE FIRST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30477 OF 2011 ------------------------ Dated this the 16th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition is instituted by the petitioner, who belongs to Thevannoor, near Kollam District seeking protection for the lives and limbs of himself and his family members from what is described as illegal and contumacious acts of the respondents 5 to 9 who are stated to be autorickshaw drivers plying autorickshaws in the petitioner's locality without proper authorisation from the statutory authorities. According to the petitioner, the party respondents have become a menace to himself and members of his family and even to the local public. They are always forming unlawful assemblies near the petitioner's house and showering abuses on the members of the petitioner's family . It is stated that on account of the illegal activities perpetrated by the party respondents , the petitioner and members of his family are constantly under fear. According WPC.No.30477/2011 2 to him, on consideration of an earlier petition filed by the petitioner, the local police registered a crime against the party respondents under certain provisions of the Motor Vehicles Act. In spite of the registration of such crime, the party respondents are continuing with their illegal acts. 2. As directed by us, Sri. Dhaneh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 1 to 3 police officers. We have heard him also. 3. According to us, it is not necessary that we examine the correctness of the averments contained in the writ petition. It is seen that Ext.P1 complaint has been submitted by the petitioner before the first respondent. We are of the view that limited relief can be given to the petitioner even without issuing notice to the party respondents. Hence, we dispose of this writ petition in the following terms; The first respondent is directed to take up Ext.P1 at the earliest. He will conduct thorough enquiry into the same. As part of the enquiry, he is free to summon the party respondents to his office. If the enquiry reveals that the allegations contained in Ext.P1 are true, the first respondent will take appropriate WPC.No.30477/2011 3 steps either directly or through his subordinate officers for ensuring that the lives and limbs of the petitioner and members of his family are safe and that the petitioner and members of his family are able to live peacefully without any trouble from the part of the party respondents. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk