IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34199 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- M.SALIM, S/O.MOHAMMED HANEEFA, FATHIMA HOUSE, NEAR KRISHI BHAVAN, KALLAMBALAM, BALARAMAPURAM. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER SRI.PRATHEUSH.M.ANAND SRI.P.ANTO THOMAS RESPONDENT(S): ----------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, PIN - 695 581. 2. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA, PIN - 695 581. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM - 695001. 4. A.SALIM, AGED ABOUT 52 YEARS, S/O.ABOOBACKER, KUTTI COTTAGE, KAITHOTTUKONAM, BALARAMAPURAM P.O., NEYYATTINKARA TALUK, PIN - 695 501. 5. AYUBKHAN, AGED ABOUT 44 YEARS, S/O.ABOOBACKER, GREEN VILLA, PAZHAYA ROAD, KALLAMBALAM, BALARAMAPURAM P.O., PIN - 695 501. 6. KAMALKUTTY, AGED ABOUT 42 YEARS, S.KUTTY COTTAGE, VETTUVILAKOM, VAZHIMUKKU, BALARAMAPURAM P.O., PIN - 695 501. WPC NO.34199 OF 2010 -2- 7. NAJEEB, AGED ABOUT 27 YEARS, S/O.SALIM, S.KUTTY COTTAGE, KAITHOTTUKONAM, VAZHIMUKKU, BALARAMAPURAM P.O., PIN - 695 501. 8. SAJEEV, C/O.APPI, AGED ABOUT 30 YEARS, S/O.ABDUL MAJEED, PLAVILAPUTHENVEEDU, VAZHIMUKKU, BALARAMAPURAM P.O., NEYYATTINKARA TALUK. PIN - 695 501. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 BY ADV. SRI.S.RAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34199 OF 2010 PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOSTAT COPY OF THE PETITION GIVEN TO THE IST RESPONDENT BY THE PETITIONER. EXT.P2.TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DATED 1.11.2010. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.34199 of 2010-Y ---------------------------------------------- Dated, this the 22nd day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court complaining of inaction in providing police protection to his life against respondents 4 to 8. 2. Briefly put, the case of the petitioner is as follows. Petitioner was one of the supporters of LDF candidate in the recent concluded election. Allegations are raised against respondents 4 to 8. Petitioner, his son who is a student in MCC Arts College and his family members have to travel daily. The petitioner is unable to attend his business place due to the threat from respondents 4 to 8 and their people. There are cases against respondents 4 to 8 under Sec.302 and 307 IPC. Petitioner filed Ext.P1 petition. 3. We heard the learned counsel for the petitioner and learned counsel for the 4th respondent. Learned counsel for the 4th respondent submits that he is filing a counter affidavit in the matter and he would submit that the WPC No.34199/2010 -2- allegations are false and he further submits that the 6th respondent is in jail. In view of the apprehension of the petitioner and in the nature of the case, we direct that in case the petitioner complains of any threat to his life from respondents 4 to 8 to the 2nd respondent, the 2nd respondent will look into the same and if the threat is found to be genuine he shall afford protection to the life of the petitioner as and when necessary. We make it clear that we have not pronounced on the correctness of the allegations made by the petitioner against the party respondents. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS