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 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27049 of 2011(E) ------------------------------- PETITIONER(S): ------------------ SIVAKUMAR.S, AGED 30 YEARS, S/O SHANMUGHAN, ANANDA BHAVAN, KANNANKODE, AYIRAKKUZHY P.O, CHITHARA-691 559. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): -------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PUNALUR-691 305. 2. SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT-691 001. 3. LEELA S., CHARUVILA PUTHEN VEEDU, KANNANKODE, AYIRAKKUZHY P.O, CHITHARA-691 559. 4. SANIL KUMAR.S, CHARUVILA PUTHEN VEEDU, KANNANKODE, AYIRAKKUZHY P.O, CHITHARA-691 559. WP(C).No. 27049 of 2011(E) -2- 5. VINOD, CHARUVILA PUTHEN VEEDU, KANNANKODE, AYIRAKKUZHY P.O, CHITHARA-691 559. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27049 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT PREFERRED TO THE 2ND RESPONDENT. EXT.P2:- TRUE COPY OF THE RECEIPT FOR EXT.P1 COMPLAINT ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.27049 of 2011 ------------------------------------------------ Dated this the 13th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The grievance voiced by the petitioner in this Writ Petition under Article 226 is that he is being threatened and abused by respondents 3 to 5 his neighbours, on his requesting them to cut and remove a tree belonging to those respondents presently standing in a dangerous condition. According to us, if the grievance of the petitioner is genuine, he is to move the Sub Divisional Magistrate under the provisions of 133 Cr.P.C with appropriate application. We relegate the petitioner to such remedy and close the Writ Petition without examining the merits of the grounds. 2. Coming to the grievance of the petitioner that there subsists a threat to his life from respondents 3 to 5, we direct the 2nd respondent Sub Inspector of Police to look into W. P. C. No.27049 of 2011 -2- Ext.P1, conduct necessary enquiry and if the enquiry reveals that there subsists a threat to the life of the petitioner from respondents 3 to 5 to take such action as is necessary for protecting the life of the petitioner from all danger. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-