IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 32029 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. A.K.SINI,W/O.SANOJ, AGED 37 YEARS,RESIDING AT KOLABHAGATH, KURUNGAPPALLY,VAVAKKADU PO. 2. M.SANOJ,S/O.MUHAMMED KUNJU,AGED 38 YEARS RESIDING AT KOLABHAGATH, KURUNGAPPALLY,VAVAKKADU P.O. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): --------------- 1. COMMISSIONER OF POLICE,OFFICE OF THE COMMISSIONER OF POLICE, KOLLAM 691 001. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA 688 001. 3. ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPPALLY 690 518. 4. SUB INSPECTOR, KAYAMKULAM POLICE STATION,KAYAMKULAM, ALAPPUZHA DISTRICT 690 502. 5. SUB INSPECTOR,OACHIRA POLICE STATION, OACHIRA,KOLLAM DISTRICT 690 526. 6. MATHEW.S,PUNNALA HOUSE, KARUNAGAPPALLY,VAVAKKAVU PO,KARUNAGAPPALLY, 690 518. 7. SURENDRAN @ KANNAN,KARTHIKA, KADATHOOR, K.S.PURAM PO,KARUNAGAPPALLY. 8. SAHADEVAN,CHAKKALLAYIL, AADHINADU VADAKKU PO,KULASEKARAPURAM 690 544. 9. SHANKARANKUTTY,KUNNALIKUZHIVELIL, CHANGANKULLANGARA, VAVAKKAVU PO, KARUNAGAPPALLY 690 528. 10. HARI,KURRISHERRYIL VEEDU, SASTHAMKOTTA, KOLLAM DISTRICT 690 521. 11. LOUISE NETTO,THEKETHURUTHAIL, AYIYIKKAL PO,OACHIRA,KOLLAM DISTRICT.690 526. 12. DEVAKARAN PILLAI,NJARAKKATTU SD BHAVAN, PAYIKUDI,OACHIRA, KOLLAM DISTRICT 690 526. 13. KRISHNAN,VETTUVELUSHERYIL, VAVAKKADU PO,KARUNAGAPPALLY 690 518. 14. BHASURAN,SANTHOSH VIHAR,ALUMPEEDIKA PO, OACHIRA, KOLLAM DISTRICT 690 526. 15. OMANA ,W/O.BHASURAN,SANTHOSH VIHAR, ALUMPEEDIKA PO, OACHIRA, KOLLAM DISTRICT 690 526. 16. STEPHAN,SRUTHI BHAVANAM, KUTHIRAPPANTHI PO,THAYAVA,KARUNAGAPPALLY 690 518. BY GOVT.PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32029/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT 28/11/2011. EXT.P2: COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDETN DATED 1/8/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 32029 OF 2011 ------------------------ Dated this the 1st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a husband and wife, have approached this court seeking protection for their lives from what they described as contumacious acts and threats on their lives and limbs from the party respondents 6 to 16. There is allegation that some of the party respondents have the support of the 3rd respondent- Assistant Commissioner of Police. According to the petitioners, the 2nd petitioner borrowed certain amounts from the party respondents. Though substantial portion of the amounts have been paid of, the party respondents are even now demanding repayment off more than double the amounts which was received by the 2nd petitioner. There is subsisting threat to the lives and limbs of the petitioners. 2. As directed by us, the learned Government Pleader Cyriac Kurian has taken notice on behalf of respondents 1 to 5 and we have heard him also. WPC.No.32029/2011 2 3. Having considered the averments in the writ petition and the submissions addressed at the Bar, we are of the view that it is not necessary that we examine the truth or otherwise of the averments made by the petitioners. Ext.P1 is seen submitted before the first respondent. We direct the first respondent to conduct an enquiry into Ext.P1 immediately. As part of the enquiry, the first respondent can summon of the party respondents. He can call for remarks from the 3rd respondent also. If the enquiry reveals that there is truth in the allegation of the petitioners that there is subsisting threat to their lives from the party respondents, it shall be the obligation of the first respondent to take requisite steps for protecting the lives and limbs of the party respondents. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.32029/2011 3