IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 22181 of 2010(W) -------------------------------------- PETITIONER(S): --------------------- 1. THAHA, AGED 37 YEARS, S/O.JAMALUDEEN, KOLODU PUTHEN VEEDU, KARUNAGAPPALLY, KOLLAM-690 518. 2. ABDUL JABBAR, AGED 35 YEARS, S/O.JAMALUDEEN, KOLODU PUTHEN VEEDU,KARUNAGAPPALLY KOLLAM-690 518. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM, 2. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY PIN-690 518. 3. THE SUB INSPECTOR OF POLICE, POLICE STATION, KARUNAGAPPALLY-690 518. **4. P.P.MUHAMMED, AGED ABOVE 55 YEARS, ALINKAL HOUSE, SHAHUL HAMEED MANZIL, THEYYUNGADI, PONNANI-679 577. 4. MUHAMMED KUNJU, ALINKAL HOUSE, K.K.JUNCTION, PONNANI-679577 (The 4th respondent is corrected as Muhammed Kunju, Alinkal House, K.K.Junction, Ponnani-679577 as per order dated 29-7-2010 in I.A.No.10563/2010) R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 BY ADV. SRI.C.KHALID SRI.T.P.SAJID THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22181 OF 2010: PETITIONERS' EXHIBITS: EXT.P1. TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.173 OF 2010 FILED BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY, DATED 18.5.2010. EXT.P2. TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE PETITIONERS ON 20.5.2010 BEFORE THE 2ND RESPONDENT. EXT.P3. TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT, DATED 30.6.2010. K.M.JOSEPH & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------------ W.P.(C) No.22181 of 2010-W ---------------------------------------------- Dated, this the 8th day of September, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following relief: “to issue a writ of mandamus or other appropriate writ order or direction directing the respondents 2 and 3 to provide adequate and sufficient police protection to the life of the petitioners their family members.” 2. The case of the petitioners in short is as follows: There is threat to their lives and the lives of their family members from the 4th respondent and two others. This is on the basis that the brother of the petitioners' Tahir owed amounts to them. Tahir is in Dubai and he stated to the petitioners that he had not borrowed any amount as alleged by the trespassers. 3. The 4th respondent denies the allegations made by the petitioner. A counter affidavit is filed by the 4th respondent wherein cheques alleged to have been given by Tahir have been produced. In view of the facts of the case, the writ petition is disposed of as follows: As and when petitioners bring to the notice of the WPC No.22181/2010 -2- 3rd respondent any threat from the 4th respondent to their lives or the lives of their wives, their children, their aged mother and their elder sister from the 4th respondent, the 3rd respondent shall look into the same and if the complaint of threat is found to be genuine, he shall afford sufficient police protection to the lives of the petitioners, the lives of their wives, their children, their aged mother and their elder sister from the 4th respondent. We make it clear that, if the matter comes before any Court/forum in a lis between the parties, the Court/forum shall proceed to decide the same untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (T.R.RAMACHANDRAN NAIR) JUDGE. MS