IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 22151 of 2011(T) -------------------------------- PETITIONER(S): ----------------- 1. L.SURENDRAN, AGED 53 YEARS, S/O.M.NARAYANAN, "CHITHIRA", V.P.I/870 A, PEROORKADA, RANNI LINE 70-B, THIRUVANANTHAPURAM. 2. GEETHA SURENDRAN, AGED 48 YEARS, W/O.L.SURENDRAN, OF DO. DO. BY ADV. SRI.BLAZE K.JOSE SMT.B.BINDU SMT.N.DEEPA RESPONDENT(S): ------------------- 1. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695001. 2. ASSISTANT COMMISSIONER OF POLICE, CANTONMENT, THIRUVANANTHAPURAM-695001. 3. CIRCLE INSPECTOR OF POLICE, MUSEUM OF POLICE STATION, THIRUVANANTHAPURAM, PIN-695033. 4. SUB INSPECTOR OF POLICE, MUSEUM OF POLICE STATION, THIRUVANANTHAPURAM, PIN-695033. WP(C).No. 22151 of 2011(T) -2- 5. RAMKUMAR @ UNNI, S/O.KOMBU KRISHNAN, T.C.16/959, KUAMRAVILASOM, JAGATHY BUND ROAD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 6. VICHU, S/O.KRISHNANKUTTY, T.C.16/965, MANALPURAM VEEDU, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 7. PREETHU, S/O. PRABA, T.C.16/1001 ARUPURA, KATTAYKKAL VEEDU, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 8. SUJITH, S/O.JAYANTHY, T.C.16/1001 ARUPURA, KATTAYKKAL VEEDU, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 9. ANI, S/O.MANIYAN, MELEKOTTARA VEEDU, KAVUVILA, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 10. VIBIN, S/O.VIJAYAN, T.C.16/962, MANALPURAM, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 11. MANOJ, S/O.GIRIJA, T.C.16/951, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. 12. VENU, S/O.KUMARAN, T.C.16/959, KUMARAVILASAM, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695014. ADV. SRI.SAJU.S.A FOR R5-8 GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22151 of 2011(T) APPENDIX PETITIONERS' EXTS EXT.P1:- A TRUE COPY OF THE COMPLAINT DATED 29/01/11 SUBMITTED TO THE 1ST RESPONDENT. EXT.P2:- A TRUE COPY OF THE PROCEEDING NO.T.P.E6/10066/11 DT. 09/02/11 OF THE SECRETARY, THIRUVANANTHAPURAM CORPORATION TO THE ASST. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. EXT.P3:- A TRUE COPY OF THE ORDER NO.E6/10066/2011 DATED 05/03/11 OF THE CORPORATION OF THIRUVANANTHAPURAM. EXT.P4:- A TRUE COPY OF THE COMPLAINT DATED 02/08/11 SUBMITTED TO THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.22151 of 2011 ------------------------------------------------ Dated this the 11th day of November, 2011 JUDGMENT Harilal, J This Writ Petition is filed by the petitioners who are husband and wife. The 1st petitioner is working as Head Master in a Government Middle Class School, Thakkala in Tamilnadu. The petitioner has undergone a bye-pass surgery and is suffering due to various diseases. The 2nd petitioner is working in Hindustan Latex Ltd. The grievance of the petitioner is that respondents 5 to 12 and their henchmen are threatening the life of the petitioners due to their personal vengeance and respondents 1 to 4 have not taken any steps to afford protection to their lives and property. 2. The learned counsel for the respondents submitted that the respondents have no objection in granting relief as W. P. C. No.22151 of 2011 -2- prayed for by the petitioner. We have already granted an interim relief directing respondent No.4 to conduct an enquiry and if the enquiry reveals that there is threat to the lives of the petitioners for peaceful occupation of their property by the petitioners, R4 will take immediate steps for protecting the lives and limbs of the petitioners. This interim order is made absolute with respect to protection to the lives and limbs of the petitioners. It is also submitted by the counsel for the respondents that they have no objection in granting protection to the property of the petitioner. Therefore, respondent Nos.1 to 4 are directed to afford adequate protection to the petitioners to visit their 12 cents of property in Thycaud village in re-survey No.51 (old survey No.568) (3 cents) and in re-survey No.87 (old survey No.568) (9cents) in Thycaud village, Thiruvananthapuram, on their request on visiting the property. This Writ Petition stands W. P. C. No.22151 of 2011 -3- allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //TRUE COPY// P.A. TO JUDGE