IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18888 of 2011(I) ------------------------------------- PETITIONER: ------------------- MARIYAMMA @ SOPHY,AGED 44 YEARS, W/O.RAJAN,KOLLANTETHU VEEDU,MAIKAD,MAIKAD.P.O, ALUVA, ERNAKULAM DISTRICT. BY ADVS. SMT.K.L.SREEKALA, SRI.KRISHNADAS P. NAIR. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION,CHENGAMANAD, ALUVA- 683 578. 2. THE SUPERINTENDENT OF POLICE,ALUVA – 683 101. 3. THE INSPECTOR GENERAL OF POLICE, CENTRAL RANGE,ERNAKULAM- 682 011. 4. SHAJU,S/O.MATHAPPAN,AGED 34 YEARS, KOORAN VEEDU,MAIKAD,MAIKAD.P.O,ALUVA – 683 589. 5. ELDHO,S/O.POULOSE,AGED 35 YEARS, ALUKKAL,MAIKAD,MAIKAD.P.O,ALUVA – 683 589. 6. ABILASH,AGED 30 YEARS,NAVARANGAM VEEDU, MAIKAD,MAIKAD.P.O,ALUVA- 683 589. 7. BIJU PAUL,S/O.POULOSE,AGED 34 YEARS, ALUKKAL,MAIKAD,MAIKAD.P.O,ALUVA – 683 589. 8. NAIGY ELIAS,S/O.ELIAS,AGED 25 YEARS, KOORAN VEEDU, MAIKAD MAIKAD .P.O.,ALUVA – 683 589. W.P.(C). NO.18888/2011-I: 9. ELDHO THOMAS,AGED 30 YEARS,AREEKKAL, MAIKAD,MAIKAD.P.O,ALUVA – 683 589. 10. JIMSON,S/O.THOMAS,AGED 27 YEARS, KOORAN VEEDU,MAIKAD,MAIKAD.P.O,ALUVA – 683 589. 11. GEORGE,AGED 34 YEARS,KAVATTUPARAMBIL, MAIKAD,MAIKAD.P.O,ALUVA – 683 589. R1 TO R3 BY GOVT. PLEADER SMT. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18888/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIR HAVING NO.674/2010 REGISTERED BY THE R.1. DTD. 20/11/2010. EXT.P.2: COPY OF THE FIR IN CRIME NO.666/2009 DTD. 26/09/2009. EXT.P.3: COPY OF THE REPORT APPEARED IN NEWSPAPERS MADHYAMAM AND METRO VARTHA DTD. 08/06/2011. EXT.P.4: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE OFFICE OF THE R.2. DTD. 14/06/2011. EXT.P.5: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3 AND THE RECEIPT FOR THE SAME DTD. 05/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.18888 of 2011 ------------------------------------------- Dated this the 19th day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This writ petition under Article 226 is filed by the petitioner, a 44 year old lady, arraying respondents 4 to 11, persons in the neighbourhood of her residence and respondents 1 to 3 officials of police department complaining that the official respondents are not taking action in spite of several complaints given by her to them. The relief sought for in this writ petition is a direction to respondents 1 to 3 to give adequate police protection to the life of the petitioner. Another relief sought for is a direction to the official respondents to consider Ext.P5 representation submitted by the petitioner was not even attempted to by respondents 1 to 3. On considering the writ petition for admission we directed the Government Pleader to seek immediate instructions from the 1st respondent Sub W.P.(C).18888/11 -2- Inspector of Police, Chengamanad Police Station as to whether complaints were received from the writ petitioner as she alleges and also as to whether copy of Ext.P5 submitted to the Director General of Police was received by him and further as to what action, if any, is taken on Ext.P5. Today, on the basis of instructions received, Smt. Charisma, learned Government Pleader submitted that as many as 3 crimes have been registered in the local police station against the petitioner under Section 323 and 324. Government Pleader further submitted that considering the petition filed by the petitioner the police registered Crime No.428/2011 against the persons named in the petition as accused. According to the learned Government Pleader investigation conducted into the crime No.428/2011 reveals that the complaints submitted by the petitioner are not correct. Learned Government Pleader further submitted that the allegations the petitioner has levelled in the writ petition against the police and against the party of respondents are not correct. W.P.(C).18888/11 -3- 2. Sri. Krishnadas P. Nair, learned counsel for the petitioner per contra would oppose the submissions of the learned Government Pleader. According to Sri. Krishnadas P. Nair, what is stated in the writ petition is cent percent true. The petitioner is a lady and she is living under fear of death due to the threats and illegalities perpetrated by respondents 4 to 11. Even the local police are aiding respondents 4 to 11. 3. Having anxiously considered the submissions addressed at the bar and having gone through the materials placed on records we are not in a position to issue any direction for police protection to the life of the petitioner. So also, as submitted by the learned Government Pleader, crimes have been registered against the petitioner and also on the basis of complaints submitted by the petitioner. We direct the 1st respondent to investigate into those crimes thoroughly and file final report on the basis of facts revealed in the investigation. We decline the relief sought for. At the same time, we direct the 1st respondent to keep W.P.(C).18888/11 -4- close vigil on the area where the petitioners and respondent Nos.4 to 11 are residing and ensure that no law and order situation arises between petitioners and respondents. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb