IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 30935 of 2008(G) -------------------------- PETITIONER(S): --------------- 1. SIVASANKARA PILLAI, S/O NARAYANA PILLAI, AGED 72 YEARS, SIVA NIVAS, PAZHAVEEDU POST, ALAPPUZHA -9. 2. SARALA S. PILLAI,W/O. SIVASANKARA PILLAI AGED 68 YEARS, SIVA NIVAS, PAZHAVEEDU POST, ALAPPUZHA -9. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE ALAPPUZHA TOWN SOUTH POLICE STATION, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, ALAPPUZHA TOWN NORTH POLICE STATION, ALAPPUZHA,. 4. RENOY RAPHAEL, S/O RAPHAEL, AGED 32 YEARS, THAIKATTIL VILLEDOM, ALUVA P.O., ERNAKULAM. 5. SUKESH, S/O. SUGUNAN, THEKKETHOPPIL LEJNATH WARD, ALAPPUZHA, 6. ULLAS, S/O. PUSHKARAN, THALLOORKANDOM, KAROOR P.O., AMABALAPUZHA, ALAPPUZHA,. ADV. SRI.P.V.JAYACHANDRAN FOR R4,5,6 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 30935/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE PHOTO COPY OF THE RELEVANT MEDICAL CERTIFICATES OF THE 1ST PETITIONER. EXT.P2 - TRUE PHOTO COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS BEFORE RESPONDENTS 1 TO 3 HEREIN. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 30935 OF 2008-G ----------------------------------------- Dated 12th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are senior citizens. They submit, the 4th respondent is threatening and harassing them under the suspicion that their younger son Girish is harbouring his estranged wife. Respondents 5 and 6 are the musclemen employed by the 4th respondent to physically harm the petitioners. The respondents 4 to 6 came to their residence on 8.10.2008, armed with deadly weapons in a Scorpio Van and held out threat and indulged in violence. Though the police were alerted by filing Ext.P2 representation, no action was taken by them. Hence this writ petition, seeking appropriate directions to the police to protect them. 2. The respondents 4 to 6 have filed a counter affidavit, denying all the allegations against them. They further submit that the 4th WPC 30935/2008 2 respondent's wife is involved in several criminal cases and the non- bailable warrants issued against her by various courts are pending without execution. The petitioners' sons helped her to flee from the arms of law and to take refuge in Dubai. She is suspected to be in the custody of the younger son of the petitioners. So, the 4th respondent has filed a petition before this Court for issuing a writ of habeas corpus, to produce her before this Court. The said writ petition is now pending. Respondents 4 to 6 also submit that they have no intention, whatsoever, to go to the house of the petitioners or physically harm them. The allegations made against them are absolutely unfounded, it is submitted. 3. We heard the learned Government Pleader for the official respondents also. He submitted that no petition was filed by the petitioners before the local Police Station. Ext.P2 has been filed before the District Superintendent of Police and that too, after considerable delay. According to the police, the apprehension of the petitioners regarding their personal safely is unfounded. 4. Having regard to the facts of the case, we dispose of the writ WPC 30935/2008 3 petition, recording the submission of respondents 4 to 6 that they have no intention, whatsoever, to physically harm or attack the petitioners. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/