IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 28671 of 2010(H) -------------------------- PETITIONER(S): --------------- VIJAYAKUMAR, AGED 33 YEARS, S/O.GANESHAN, KAVADIVILAKOM VEEDU, SISILIPURAM, VENGANOOR.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM, THIRUVANANTHAPURAM-695 501. 3. JAYAKUMAR, KADAVILAKOM VEEDU, SISILIPURAM, VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523. 4. SURESH KUMAR, KADAVILAKOM VEEDU, SISILIPURAM, VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523. 5. SUNIL KUMAR, KADAVILAKOM VEEDU, SISILIPURAM, VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523. 6. ANILKUMAR, KADAVILAKOM VEEDU, SISILIPURAM, VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523. 7. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001. GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.28671 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT BEFORE THE BALARAMAPURAM POLICE STATION DATED 10/07/2010. EXT.P2: COPY OF THE PETITION FILED BEFORE THE CHIEF MINISTER DATED 16/7/2010. EXT.P3: COPY OF THE PETITION FILED BEFORE THE MINISTER OF INTERNAL AFFAIRS DATED NIL. EXT.P4: COPY OF THE PETITION FILED BEFORE SUPERINTENDENT OF POLICE DATED 16/7/2010. EXT.P5: COPY OF THE FIR NO.752/10 DATED 17/8/2010. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.28671 of 2010 ---------------------------------------- Dated this the 29th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to provide adequate and effective police protection to the life of the petitioner. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner and respondents 3 to 6 are neighbours. The daughter of the 4th respondent was found missing along with one Santhosh. Respondents 3 to 6 blamed the petitioner as the man behind who helped and aided the said Santhosh. Thereafter there is reference to Ext.P1 complaint filed by the petitioner on the basis of the threat and trespass alleged to have taken place on 09/07/2010. The petitioner filed Ext.P2 petition to the Chief Minister. Followed by Ext.P2 petition, Ext.P3 petition was filed before the Minister of Internal Affairs. Followed by Ext.P3 W.P.C.No.28671 of 2010 2 petition, Ext.P4 petition was filed before the Superintendent of Police. Ext.P5 is the copy of the FIR lodged. It is alleged that respondents are threatening and harassing the petitioner and his aged mother. Life of the petitioner is stated to be in danger. 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. The learned Government Pleader would submit that the respondents think that the petitioner aided and abetted Santhosh as alleged in the petition. In view of the apprehension raised by the petitioner, the writ petition is disposed of as follows: 5. If the petitioner brings to the notice of the second respondent any threat from respondents 3 to 6 to the life of the petitioner, the second respondent will promptly look into it and if it is found to be genuine, the second respondent shall afford protection to the life of the petitioner as against respondents 3 to 6. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.28671 of 2010 3 W.P.C.No.28671 of 2010 4 W.P.C.No.28671 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010