IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32854 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------- SUNDARANGADHAN, DEVAKI BHAVANAM, MUTTAPPALAM, AZHOOR, CHIRAYINKEEZHU, PERUNGUZHY P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SMT.NAVA VARGHESE, SMT.MANU SEBASTIAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE STATE POLICE CHIEF, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT POLICE CHIEF (RURAL), THIRUVANANTHAPURAM-695 001. 4. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM-695 101. 5. INSPECTOR OF POLICE, ATTINGAL CIRCLE, THIRUVANANTHAPURAM-695 101. Kss ..2/- ..2..... WPC.NO.32854/2011 F 6. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304. 7. BHASKARAN MOHANAN, CHARUVILA INDU BHAVAN, MUTTAPALAM, AZHOOR VILLAGE-695 145. 8. GEETHA, W/O.BHASKARAN MOHANAN, CHARUVILA INDU BHAVAN, MUTTAPPALAM, AZHOOR VILLAGE-695 145. 9. BABY AMMA, VALIYAVILA VEEDU, MUTTAPPALAM, AZHOOR VILLAGE-695 145. 10. MADHAVAN PILLAI, SANTAMADHAVAM, MUTTAPPALAM, AZHOOR VILLAGE-695 145. 11. SHOBHA, D/O.MADHAVAN PILLAI, SANTAMADHAVAM, MUTTAPPALAM, AZHOOR VILLAGE- 695 145. 12. UDHAYAKUMARI, VALIYAVILA VEEDU, MUTTAPPALAM, AZHOOR VILLAGE-695 145. R1 TO R6 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32854/2011 F APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- A TRUE COPY OF PLAINT IN OS NO.93/11 OF THE MUNSIFF COURT, ATTINGAL. EXHIBIT P2- A TRUE COPY OF ORDER OF INJUNCTION DATED 17.2.2011 IN IA NO.534/11 IN OS NO.93/11 OF THE MUNSIFF COURT, ATTINGAL. EXHIBIT P3- A TRUE COPY OF THE REPORT OF THE COMMISSIONER. EXHIBIT P4- A TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE 6TH RESPONDENT. EXHIBIT P5- A TRUE COPY OF COMPLAINT DATED 29.10.2011 BEFORE THE 6TH RESPONDENT. EXHIBIT P6- A TRUE COPY OF PHOTOGRAPHS SHOWING THE LIE AND EXTEND OF DAMAGE CAUSED ON THE DEMOLITION OF THE WALL. EXHIBIT P7- A TRUE COPY OF THE COMPLAINT DATED 27.11.2011 MADE BEFORE THE 6TH RESPONDENT. EXHIBIT P8- A TRUE COPY OF COMPLAINT DATED 27.11.2011 MADE BEFORE THE 4TH RESPONDENT. EXHIBIT P9- A TRUE COPY OF FIR IN CRIME NO.1012/2011 OF CHIRAYANKEEZHU POLICE STATION. EXHIBIT P10- A TRUE COPY OF COMPLAINT MADE ON 1.12.2011 ALONG WITH POSTAL RECEIPT EVIDENCING DISPATCH OF SUCH COMPLAINT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32854 OF 2011 ------------------------ Dated this the 9th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. When this writ petition came up for admission, Sri.Dhanesh Mathew Manjooran the learned Government Pleader has taken notice on behalf of respondents 1 to 6 and we have heard him also. 2. This writ petition has been filed by the petitioner seeking protection for his life and limbs from the threats, assaults and other contumacious acts from the part of respondents 7 to 12. According to the petitioner, he is pitted in civil litigations with the respondents 7 and 8 in respect of the property. A perusal of Ext.P6 series of photographs will show that a wall, which marks the boundary of the property, has been demolished. According to the learned counsel for the petitioner Sri.George Varghese, the above wall was demolished in patent violation of an order of injunction which the Munsiff court Attingal has issued against respondents 7 and 8 . The petitioner submits that there W.P.(C) No. 32854 /2011 2 is subsisting threat to his life and limb and to the lives and limbs of his family members from the part of respondents 7 and 8 and the other respondents who are hands in glove with them. The petitioner submits further that when the incident of demolition of the compound wall was reported to the police, the police have registered Ext.P9 FIR against respondents 7 to 8. The above crime is under investigation. It was infuriated the party respondents. The threats from their part to the life and limbs of the petitioner as well as to the lives and limbs of the petitioner's family members continue. Ext.P10 petition has been submitted to the DGP with copy to various officers of the police including the 6th respondent, the local Sub Inspector of police. According to the petitioner, the attitude of the police towards Ext.P10 has been rather lethargic . Hence, this writ petition. 4. Having considered the averments in the writ petition and the various materials placed on record and the submissions addressed at the Bar by the learned counsel for the petitioner Sri.George Varghese and Sri.Dhanesh Mathew Manjooran learned Government Pleader, it appears to us prima facie that the petitioner has genuine apprehension in his mind of danger to W.P.(C) No. 32854 /2011 3 his life and limbs. 5. Under the above circumstances, we are of the view that the relief to a certain extent can be given to the petitioner even without issuing notice to the party respondents. Hence, we dispose of this writ petition in the following directions; The 6th respondent is directed to take up the copy of Ext.P10 received by him treating the same to be an original representation submitted by the petitioners before him. The 6th respondent will conduct an immediate enquiry into Ext.P10. As part of the enquiry, the 6th respondent will summon all the party respondents. If the enquiry reveals that there is truth in the allegations of the petitioner and that there subsists threat to the lives and limbs of the petitioner and members of his family, the 6th respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner and all members of his family from all danger. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32854 /2011 4