IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32262 of 2011(G) -------------------------------- PETITIONER(S): ------------------ 1. ABDUL MAJEED, VALIYA PEEDIKAKKAL, MAMBAD. 2. AMINA, KOYAPPATHODIPUTHIYEDATH, MUKKAM. 3. ABDUL HAQ, KOZHIPARAMBAN, PALLIKUTHU, PATTIKAD. 4. MUHIYUDEEN, KOZHIPARAMBAN, PALLIKUTHU, KARUVAMPARA. 5. DR. M.UMMER, MANGALATH HOUSE, CHANKUVETTY P.O., KOTTAKKAL. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CIRCLE INSPECTOR OF POLICE, NILAMBUR-679 329. 3. SUB INSPECTOR OF POLICE, NILAMBOOR POLICE STATION, PIN-679 329. 4. REJI, S/O. KAPPIL GEORGE, KAPPIL HOUSE, MAMBADU-676 542. WP(C).No. 32262 of 2011(G) -2- 5. APPU, OTTUPURATH, CONVENER TAPPING EMPLOYEES UNION, PULLIPADAM P.O., ODAYIKKAL, MAMBADU-676 542. 6. THUNDIYIL DEVASSIA @ KUNJUMON, CHAIRMAN, TAPPING EMPLOYEES UNION, PULLIPADAM P.O., ODAYIKKAL, MAMBADU-676 542. 7. K.N.SASIDHARAN, PALOTH HOUSE, SECRETARY, CITU, PULLIPADAM, MAMBADU-676 542. 8. THANKAPPAN PILLAI, CHITTEDIYAN, PULLIPADAM P.O., KARUKAMANA, MAMBADU-676 542. 9. T.PRADEEP, S/O. VASU THAYYIL, KARACHAL, P.O.PULLIPADAM, MAMBADU-676 542. 10. U.GOPALAN, OOTTUPURATH HOUSE, ODAYIKKAL, PULLIPADAM, MAMBADU-676 542. 11. PAZHEDATH ABDUL MAJEED, S/O. SAIDALAVI, THANNIKUNNU VEEDU, P.O.PULLIPADAM, MAMBAD, MALAPPURAM-676 542. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32262 of 2011(G) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT DATED 25/11/11 SUBMITTED TO THE 2ND RESPONDENT BY THE 1ST PETITIONER. EXT.P2:- TRUE COPY OF the COMPLAINT DATED 27/11/11 SUBMITTED BY THE 2ND PETITIONER. EXT.P3:- TRUE COPY OF the COMPLAINT DATED 29/11/11 SUBMITTED BY THE 3RD PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32262 of 2011 ------------------------------------------------ Dated this the 3rd day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioners, five in number are seeking protection for their lives and limbs from respondent Nos.4 to 11 who are allegedly threatening them with danger to life and limbs. According to them, respondents 4 to 11 are rubber taping workers of the locality. The petitioners also own rubber plantations and they are getting the tapping works in their plantations done by engaging others. This has infuriated the party respondents. We enquired of Sri.Nijoy P.K., the learned counsel for the petitioners as to whether it is protection for conducting tapping works that the petitioners need, his answer was in the negative and he submitted that the petitioners need protection only for their lives and limbs. Under such circumstances, we feel that even without notice to the respondents relief to a certain extent can be given to W. P. C. No.32262 of 2011 -2- the petitioners in the following terms. 2. Exts.P1, P2 and P3 petitions have been filed by the petitioners before the 3rd respondent Sub Inspector of Police. The 3rd respondent is directed to take up Exts.P1 to P3 immediately and to conduct an enquiry. As part of the enquiry, the 3rd respondent can summon or meet respondent Nos.4 to 11. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioners it shall be the duty of the 3rd respondent to take necessary steps for ensuring that the lives and limbs of the petitioners are safe. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.32262 of 2011 -3-