IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28479 of 2011(H) ------------------------------------------ PETITIONER(S): ------------------------- JOLLY K.A., S/O.ITTAVIRA, AGED 42, KARAKKOMBIL, KEERAMBARA KARA, KEERAMBARA VILLAGE, KOTHAMANGALAM. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENT(S): --------------------------- 1. C.D.PAULOSE, CHENNAIKADAN HOUSE, MALAYANKEEZHUKARA, KOTHAMANGALAM, PIN - 686 691. 2. C.D.PETER, CHENNAIKADAN HOUSE, MALAYANKEEZHUKARA, KOTHAMANGALAM, PIN - 686 691. 3. PRINCE PETER, CHENNAIKADAN HOUSE, MALAYANKEEZHUKARA, KOTHAMANGALAM, PIN - 686 691. 4. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM - PIN - 686 691. 5. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM, PIN - 686 691. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. R4 TO R6 BY GOVT.PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28479/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF AGREEMENT DTD. 7/10/2011. P2: COPY OF THE COMPLAINT DTD. 19/10/2011. P3: COPY OF PETITION RECEIPT EVIDENCING THE RECEIPT OF EXT.P2 COMPLAINT BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C KURIAKOSE & C.K. ABDUL REHIM, JJ --------------------------------- WP(C) NO. 28479 OF 2011 ------------------------------------ Dated this the 27th day of October, 2011. JUDGMENT Pius C Kuriakose, J The petitioner had entered into Ext.P1 agreement for slaughter tapping and cutting and removal of rubber trees belonging to respondents 1 and 2. The petitioner complains that the third respondent, who is the son of the second respondent who is not interested at all in the rubber plantation covered by Ext.P1 is threatening petitioner with danger for life and limbs. The petitioner has given a complaint to the 5th respondent, Circle Inspector of Police, Kothamangalam. But the 5th respondent has not taken any action so far. Sri. Dhanesh Mathew Manjooran, learned Government Pleader takes notice on behalf of respondents 4 to 6. We dispose of the writ petition issuing the following directions. The 5th respondent will take up Ext.P2 immediately and conduct enquiry into the same either directly or through the 2 WP (C) No. 28479/2011 . 4th respondent. If the enquiry reveals that the 3rd respondent does not have any interest over the rubber plantation in question and that the petitioners' allegations of threat is true, the officer will ensure, by taking appropriate action, that there is no danger to the life of the petitioner from the third respondent. It will also be ensured that the petitioner is able to carry out his obligations under Ext.P1 without any obstructions. PIUS C KURIAKOSE JUDGE C.K. ABDUL REHIM JUDGE dnc