IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33085 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------ 1. SANTHI, D/O. VELAYUDHAN, AGEDF 45 YEARS, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK. 2. ANURADHA, VELAYUDHAN AGED 48 YEARS, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK. 3. DHANALAKSHMIL VELAYUDHAN, AGED 52 YEARS, KOLLAMPARAMBIL HOUSE, SIVAJI PURAM, THURAVOOR , NOW RESIDING KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE ALUVA TALUK. BY ADV. SRI.ALEX.M.SCARIA SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT(S): ------------------------ 1. DISTRICT POLICE CHIEF (RURAL)ERNAKULAM ALUVA. 2. CIRCLE INSPECTOR OF POLICE , ANKAMALY 683 105. 3. SUB INSPECTOR OF POLICE, , ANKAMALY 683 105. 4. MUKUNDAN , AGED ABOUT 37 YEARS, S/O. AYYAPPAN, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK, 683 101. 5. VIJAYAN, @ KITTAPPAN, AGED ABOUT 39 YEARS, S/O. AYYAPPAN, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK 683 012. tss W.P.(C) NO.33085/2011 6. VIKRAMAN, AGED ABOUT 46 YEARS. S/O. AYYAPPAN, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA , THURAVOOR VILLAGE, ALUVA TALUK 683 101. 7. ARJUNAN, AGED ABOUT 52 YEARS, S/O. AYYAPPAN, KOLLAMPARAMBIL HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK, 683 101. R1 TO R3 BY ADDL. ADV. GENERAL K.A.JALEEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:W.P.(C) NO.33085/2011 tss W.P.(C) NO.33085/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF PLAINT IN O.S.NO.398/2011 OF MUNSIFF'S COURT,ALUVA. P2:- COPY OF COMPLAINT DATED 19/11/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. P3:- COPY OF COPY OF RECEIPT ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF COMPLAINT DATED 29/11/2011 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. P5:- COPY OF COMPLAINT DATED 30/11/2011 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P6:- COPY OF RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE Tss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33085 OF 2011 ------------------------ Dated this the 12th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners have filed this writ petition seeking protection for their lives and for their properties from the alleged threats and contumacious acts of respondents Nos. 4,5,6 and 7, who are their first cousins. We are not inclined to grant protection sought for in respect of the property as we find from the materials placed on record that civil litigation is pending before the Munsiff Court, Aluva in respect of the property. It is also the case of the petitioners that there is subsisting threat to their lives and limbs from the part of the respondents 4 to 7. 2. Having considered the averments in the writ petition and the submissions of Sri.Alex M. Scaria learned counsel for the petitioners, Sri.K.A.Jaleel the Additional Advocate General who entered appearance on behalf of respondents to 3, we are of the view that it is not necessary that we take a decision on the truth or otherwise of the allegations of the petitioners. It is seen that W.P.(C) No. 33085 /2011 2 Ext.P4 petition has been submitted by the petitioners before the 3rd respondent -Sub Inspector of Police , Ankamaly. The 3rd respondent is directed to take up Ext.P4 immediately and to conduct an enquiry. As part of the enquiry, it is open to the 3rd respondent to summon or meet respondents 3,4 , 5 and 6..If the enquiry reveals that there is truth in the allegation of the petitioners that there is subsisting threat to their lives and limbs from the part of respondents, 4,5,6 and 7, the 3rd respondent shall take such action as is necessary for protecting the lives and limbs of the petitioners from all danger. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33085 /2011 3