IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31765 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ G.SUKUMARAN NAIR, KIZHAKKETHOTTASSERY, KOMANA,AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.PREMCHAND SRI.V.TEKCHAND RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN-695 001. 2. THE CIRCLE INSPECTOR OF POLICE,KONNI, PATHANAMTHITTA DISTRICT.PIN-689 696. 3. C.LALITHAMMA, THOTTATHIL HOUSE, MALLANKUZHA, WARD NO.13, KALANJOOR.P.O., PATHANAMTHITTA DISTRICT.PIN-689 616. 4. BRITTO SANKAR @ SINDHU, THOTTATHIL HOUSE, MALLANKUZHA, WARD NO.13, KALANJOOR.P.O., PATHANAMTHITTA DISTRICT.PIN-689 616. 5. SANKARA NARAYANAN, THOTTATHIL HOUSE, MALLANKUZHA, WARD NO.13, KALANJOOR.P.O., PATHANAMTHITTA DISTRICT.PIN-689 616. R1 & R2 BY STATE ATTORNEY SRI.P.V.VIJAYARAGHAVAN BY GOVERNMENT PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31765/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 20/07/2011 IN WP(C)NO.18963 OF 2011 . P2 COPY OF THE REPRESENTATION DATED 10/08/2011 BEFORE THE 2ND RESPONDENT. P3 COPY OF THE NOTICE DATED 12/09/2011. P4 COPY OF THE REPRESENTATION DATED 11/11/2011 BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. P5 COPY OF THE ACKNOWLEDGMENT CARD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.31765 OF 2011 ------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. 2. The petitioner, a widower and a senior citizen, is approaching this court for police protection for the second time. Ext.P1 is the judgment which was passed by this court last time when the petitioner approached this court. Under Ext.P1, this court declined the protection sought for in respect of the property noticing the pendency of civil litigation before the Adoor Munsiff Court. But, as regards the protection for life, we permitted the petitioner to file proper petition before the 2nd respondent - Circle Inspector of police and the Circle Inspector of Police is directed to take prompt action on that petition. The grievance of the petitioner is that neither the 2nd respondent nor the Sub Inspector of Police, who was also approached, have cared even to conduct proper enquiry into the complaint WPC.No.31765/2011 2 submitted by the petitioner. 3. If what the petitioner says is true, there is dereliction of duty on the part of the police officers. We find that Ext.P4 has been submitted by the petitioner before the 1st respondent District Police Chief. We direct the first respondent to take up Ext.P4 immediately and to conduct a thorough enquiry into the same. As part of the enquiry, the first respondent can summon or meet the respondents 3 to 5 . If the enquiry reveals that there is subsisting threat to the life ad limbs of the petitioner from the part of respondents 3 to 5, the first respondent shall take such action as is necessary for protecting the life and limbs of the petitioner from all danger. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.31765/2011 3