IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 15608 of 2008(G) -------------------------- PETITIONER(S): --------------- SHAJI JOSEPH, AGED 35 YEARS, S/O.JOSEPH, KADALIKKATTIL HOUSE, KULAMAVU KARA, ARAKKULAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, IDUKKI. 2. DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA. 3. SUB INSPECTOR OF POLICE, KUNJAR POLICE STATION, IDUKKI DISTRICT. 4. SUB INSPECTOR OF POLICE, KULAMAVU POLICE STATION, IDUKKI DISTRICT. 5. JOSE JOSEPH, KUNNEL, MOOLAMATTOM P.O., ARAKKULAM GRAMA PANCHAYATH. 6. K.G.SAMUEL, KAVANASSERIL, KANNIKKAL P.O., ARAKKULAM GRAMA PANCHAYATH, MOOLAMATTOM SOUTH. ADV. SRI.P.M.BENZIR FOR R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15608/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT DT.26.2.2008. EXT.P2: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DT.26.2.2008. EXT.P3: COPY OF THE RECEIPT EVIDENCING THE RECEIPT OF THE COMPLAINT BEFORE THE 3RD REESPONDENT DT.26.2.2008. EXT.P4: COPY OF THE RECEIPT EVIDENCING RECEIPT OF THE COMPLAINT DT.27.2.2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.15608 OF 2008 ---------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a member of Arakkulam Grama Panchayat. He was elected as an independent member. Initially, he supported the LDF. But, he soon parted company with them for the reason that they were not co-operating with the developmental activities in his ward. Further, they have filed several false complaints against him and he has to face several criminal prosecutions. So, he sided with the UDF and brought down the LDF Rule in the Panchayat. Later, the UDF people have also taken the very same attitude of the LDF. All the 13 panchayat members have joined together against the petitioner. Developmental activities in his ward are stalled and false complaints are being filed against him to harass him. Since the Gramasabhas of the 13 wards represented by other members were not meeting regularly, he has filed a complaint before the Election Commission and the Commission has taken W.P.(C) No.15608/2008 2 steps to disqualify the 13 members of the Panchayat. So, they have started threatening him. He has been told that he will be finished, if he pursued the petition before the Election Commission. So, he preferred Ext.P1 representation before the Superintendent Police, Idukki, seeking protection to his life, in the background of alleged threat from the part of other panchayat members. 2. The learned Government Pleader, upon instructions, submitted that Ext.P1 complaint was received by the police and thereafter no representation was filed by the petitioner. This would show that in fact there was no threat to his life. 3. The learned counsel appearing for the 6th respondent submitted that he has no intention to cause any physical harm to the petitioner. The allegations made against him and others are unfounded, it is submitted. 4. Having regard to the nature of the allegations and counter allegations, we feel that no emergent situation is W.P.(C) No.15608/2008 3 prevailing warranting issuance of any order against the police to grant protection to the petitioner. But, we are sure, if there is any threat to the life of the petitioner and if the same is brought to the notice of the police, they will take appropriate action, in accordance with law. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps