IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34561 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- M.SASIDHARAN NAIR, AGED 50 YEARS, NEPHEW OF MADHAVAN NAIR, T.C.20/2750, VIJAYANIVAS, NEDUNGAD ROAD, KARAMANA, THIRUVANANTHAPURAM - 695 002. BY ADVS. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR), SRI.LOUIS GODWIN D'COUTH, SRI.K.P.CHANDRASEKHAR. RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, KARAMANA, THIRUVANANTHAPURAM - 695 002. 2. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM - 695 001. 3. KARTHIK, RESIDING AT VIJAYANIVAS, TC.21/574-2, KUZHARAMMUR, KARAMANA, THIRUVANANTHAPURAM - 695 002. R1 & R2 BY GOVRNMENT PLEADER SRI. SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34561/2011 U APPENDIX PETITIONERS' EXHIBIT: P1: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO.34561 OF 2011 ------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a 50 year old man, seeks protection for lives of himself and his family members and also for his property from the 3rd respondent, who is none other than his own son. According to him, the 3rd respondent while doing his engineering course in an Engineering College at Thakkala fell into bad company and has practically abandoned the studies. He always consumes alcohol and it is understood that he has contracted some sort of marriage with a college mate of his. The petitioner apprehends that the 3rd respondent will come and attack him and other members of his family who are residing along with him in the house having door number TC 20/2750. The petitioner has an apprehension that the 3rd respondent will obstruct the working of the three tourist homes/lodging houses which the petitioner is conducting at Thiruvananthapuram. Hence, this writ petition for police protection directions as the first respondent has not taken any effective action upon Ext.P1. W.P.(C) No. 34561 /2011 2 2. On this writ petition coming up for admission, Sri.Susheel Cyriac learned Government Pleader has taken notice on behalf of the first respondent. 3. Having considered the averments in the writ petition and the various documents produced along with the same and the submissions addressed at the Bar by Sri.Santhosh Kumar learned counsel for the petitioner and Sri.Susheel Cyriac learned Government Pleader, we feel that it is not necessary that we take a decision regarding the truth or otherwise of the allegations of the petitioners. According to us, even without notice to the 3rd respondent, reliefs to a limited extent can be given to the petitioner and the writ petition can be disposed of at this stage itself in the following terms; i). The first respondent, before whom Ext.P1 is submitted, is directed to take up Ext.P1 immediately. He will conduct a thorough and sincere enquiry into Ext.P1. As part of the enquiry, the first respondent can summon or meet the 3rd respondent. If the enquiry reveals that there is any threat to the lives and limbs of the petitioner and other persons of his family, who are residing along with the petitioner in the house having Door W.P.(C) No. 34561 /2011 3 No.20/2750, the first respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner and his family members. ii). If the enquiry reveals that the 3rd respondent is claiming any civil right over the tourist homes and lodging houses conducted by the petitioner in and around Thiruvananthapuram, then the petitioner should be advised by the first respondent to seek remedy from a competent civil court. iii). If the enquiry reveals that the 3rd respondent does not claim any such civil right, then the first respondent shall ensure that the 3rd respondent does not disturb the working of the tourist homes and lodging house which are being conducted by the petitioner. The petitioner is directed to serve a copy of this judgment as soon as he gets the same by Registered Post with Acknowledgment Due to the 3rd respondent. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 34561 /2011 4