IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29517 of 2008(L) -------------------------- PETITIONER: ------------ SHINEY AUGUSTINE, AGED 36 YEARS, W/O.SAJI AUGUSTINE, PANCHAYAT PRESIDENT, VANNAPURAM GRAMA PANCHAYAT, IDUKKI DISTRICT, RESIDING AT ARUCHERIYIL, MUNDANMUDI P.O., VANNAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE (LAW AND ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, IDUKKI. 4. CIRCLE INSPECTOR OF POLICE, KALIYAR POLICE STATION, IDUKKI. 5. SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION, IDUKKI DISTRICT. 6. SUNNY POULOSE, KALAPPURACKAL HOUSE, KUDIKULAM P.O., KODUVELY, THODUPUZHA. 7. M.T.JOHNY, MUNDACKAMATTATHIL, VANNAPURAM P.O., THODUPUZHA. 8. JOSEPH, MUNDANKAVIL, MUNDANMUDI P.O., VANNAPURAM P.O., THODUPUZHA. 9. K.N.SOMAN, KALAPPURACKAL HOUSE, VANNAPURAM P.O., THODUPUZHA. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 ADV. SRI.V.V.RAJA FOR R6 TO 9 SRI.R.RANJITH FOR R6 TO 9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.29517/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED TO THE VANITHA COMMISSION BY THE PETITIONER DATED 23.9.08. EXT.P2: TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE SUPERINTENDENT OF POLICE, IDUKKI DATED 30.9.08. EXT.P3: TRUE PHOTOGRAPH EVIDENCING THE TENSED SITUATION CREATED BY RESPONDENTS 6 TO 9. EXT.P4: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.10.08 SUBMITTED BY THE PETITIONER BEFORE THE S.I.OF POLICE, KALIYAR POLICE STATION. EXT.P4(A): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KALIYAR POLICE. RESPONDENTS' EXTS: EXT.R6(A): TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 18.9.08 SUBMITTED BY SUNNY PAULOSE BEFORE THE SUB INSPECTOR OF POLICE, KALIYAR. EXT.R6(B): RECEIPT EVIDENCING RECEIPT OF EXT.R6(A). EXT.R6(C): TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 24.9.08 SUBMITTED BY SMT.GEETHA JOMY BEFORE THE WOMEN'S COMMISSION AND THE RECEIPT ISSUED BY THE DEPARTMENT OF POSTS. EXT.R6(D): TRUE PHOTOSTAT COPY OF FIR IN CRIME NO.311/08 OF KALIYAR POLICE. EXT.R6(E): TRUE PHOTOSTAT COPY OF THE NOTICE NO.15/08 DATED 4.10.08 ISSUED BY THE SECRETARY OF THE GRAMA PANCHAYAT. EXT.R6(F): TRUE PHOTOSTAT COPY OF RELEVANT EXTRACTS OF THE NOTICE NO.15/08 DATED 4.10.08. EXT.R6(G): TRUE FAX COPY OF THE 'SAKSHI PATHRAM' DATED 15.10.08 SIGNED BY THE PETITIONER. EXT.R6(H): TRUE FAX COPY OF THE ATTENDANCE REGISTER SIGNED BY THE PETITIONER ON 15.10.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.29517 OF 2008 L ----------------------------------------------------- DATED THIS THE 16th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the President of Vannappuram Grama Panchayat. She was elected to the Panchayat as a candidate of Kerala Congress(J). After some time, she parted company with that party and now she continues in office with the support of the opposition parties. Because of the shift in her political stand, she submits, she is being abused and threatened by the political rivals under the leadership of respondents 6 to 9. 6th respondent is a member of the Panchayat and others are his supporters. The petitioner submits, she moved the police seeking necessary protection by filing Exhibit P2 representation. She has also brought to the notice of the Kerala Women's Commission, the harassment meted out to her by filing Exhibit P1 representation. Alleging that the police did not take any steps to protect her, this Writ Petition is filed. 2. Respondents 6 to 9 have filed a counter affidavit stating that all the allegations of the petitioner are unfounded. There is no obstruction to her functioning as the President or threat to her life. It W.P.(C)No.29517/08 -2- is also pointed out that she does not have any such case in Exhibit P2 wherein she narrates only a solitary incident which happened some time back. 3. The petitioner has filed a reply affidavit reiterating her contentions and dealing with the averments in the counter affidavit of the contesting respondents. She also produced Exhibit P3 photograph to show that there is obstruction to the functioning of the Panchayat by her political rivals. She has produced Exhibit P4 which is a representation filed by her before the Sub Inspector of Police, Kaliyar, pointing out the alleged attempt on her life during the Panchayat Committee meeting held on 15.10.2008. So, she submits, unless proper protection is ordered, her life is in danger. 4. The contesting respondents have filed an additional affidavit along with I.A.No.13050/08 to show that the allegations in the reply affidavit are also unfounded. They also submitted that they have no intention whatsoever to physically harm the petitioner. 5. The learned Government Pleader upon instructions submitted that the police have intervened as an when obstruction was caused. 6. Heard learned counsel on both sides. Since the petitioner has shifted her political loyalties, there may be some resentment against her among the members of the parties who supported her during election. W.P.(C)No.29517/08 -3- So, they may hold demonstrations or public meetings against the petitioner. That is part of the democratic process. But they cannot physically obstruct the petitioner or harm her. Even if the contesting respondents did not agree with her policies and politics, she has every right to function as the President until she is removed in accordance with law. We record the submission of respondents 6 to 9 that they have no intention whatsoever to physically harm or obstruct the petitioner. If there is any threat of violence against the person of the petitioner, she may inform the 5th respondent. In that event, the 5th respondent shall look into the same and, if found genuine, extend necessary protection to her. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn