IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 32559 of 2010(T) ------------------------------------- PETITIONER(S): --------------------- 1. SEKHARAN.G, S/O.GANGADHARAN, KRIPA BHAVAN, KANNANKARAM, IRIUMBA MURIYIL, ARUVIKKARA VILLAGE, ARUVIKKARA P.O., THIRUVANANTHAPURAM. 2. AMBIKA, W/O.MURALI, KRIPA BHAVAN, VELLANAD VILLAGE, VALIYARA, SANKARAMUKATHU, VELLANAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM. 3. AJITHA, W/O.ANI, KRIPA BHAVANIL, VELLANAD VILLAGE, VALIYARA, SANKARAMUKATHU, VELLANAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM. 4. AMBUJAKSHI, W/O.SEKHARAN, KRIPA BHAVAN, KANNANKARAM, IRIUMBA MURIYIL, ARUVIKKARA VILLAGE, ARUVIKKARA P.O., THIRUVANANTHAPURAM. BY ADV. DR.K.P.KYLASANATHA PILLAY SMT.V.J.SAFEENA SMT.SHALEENA RAJAN SMT.SREEDEVI KYLASANATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 001. WPC NO.32559 OF 2010: -2- 3. THE SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL-695 001. 4. THE CIRCLE INSPECTOR OF POLICE, ARYANAD, NEDUMANGAD-695 542. 5. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, NEDUMANGAD-695 542. 6. VINOD, GIGI BHAVAN, SANKARAMUGHAM, VELLAYARA, VELLANAD P.O., NEDUMANGAD-695 543. 7. MOHU, MUKKUTHUNDATHIL THERIVIL VEEDU, VIKAS NAGAR, VEMBANOOR,ARUVIKKARA, NEDUMANGAD-695 564. 8. NAZARUDHEEN, NAZER MANZIL, CHITTILAMKUZHI, KARUMARAKODE, ARUVIKKARA, NEDUMANGAD, THIRUVANANTHAPURAM. 9. JOY, SRUTHI BHAVAN, SANKARA MUGHAM, VELLAYARA, VELLANADU P.O., NEDUMANGAD-695 543. 10. MURALI, GOURI NIVAS, KURUNTHOTTAM, VIKAS NAGAR, VEMBANOOR, ARUVIKKARA, NEDUMANGAD-695 564. R1 TO R5 BY GOVERNMENT PLEADER SMT.KARISHMA R6 TO R10 BY ADV. SRI.BIJU BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32559OF 2010: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE FIR DATED 29.9.2010 OF ARYANAD POLICE STATION. EXT.P2. TRUE COPY OF THE PETITION DATED 16.10.2010 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P2A.TRUE COPY OF THE PETITION DATED 16.10.2010 SUBMITTED BEFORE 3RD RESPONDENT. EXT.P2B. TRUE COPY OF THE PETITION DATED 16.10.2010 SUBMITTED BEFORE 4TH RESPONDENT. EXT.P2C. TRUE COPY OF THE PETITION FOR PROTECTION OF LIVES AND PROPERTIES SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, ARYANAD. RESPONDENT'S EXHIBITS: EXT.R6A. PHOTOSTAT COPY OF THE MASS PETITION DATED 11.10.2010 SUBMITTED BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.R6B.PHOTOSTAT COPY OF MARRIAGE INVITATION CARD OF THE 6TH RESPONDENT. EXT.R6C.PHOTOSTAT COPY OF THE RECEIPT DATED 31.10.2010 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.32559 of 2010-T ---------------------------------------------- Dated, this the 3rd day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other writ or order directing respondents 2, 3, 4 and 5 to grant effective police protection to lives and property from the hands of respondents 6 to 10. ii) to issue a writ of mandamus or any other writ or order directing 2nd respondent to consider Ext.P2 and pass appropriate orders to 3rd, 4th and 5th respondents to give effective protection to petitioners lives and properties.” 2. Briefly put, the case of the petitioners is as follows. The brother of the 6th respondent committed suicide. It is alleged that, as a revenge respondents 6 to 10 and their henchmen destroyed and set fire to 2nd petitioner's house. First petitioner filed complaint. 3. A counter affidavit has been filed by respondents 6 to 10 producing Exts.R6(a) to R6 ©. Ext.R6(a) purports to be the mass petition submitted before the Chief Minister. It is their case that the brother of the 6th respondent was murdered. It is also their case that crime WPC 32559/2010 -2- under Section 306 has been registered against Sri.Murali and Sri.Ani. Various allegations have been raised including that petitioners have influence with the police. It is stated in particular that the respondents have no intention to harass or commit any illegal acts towards the petitioners. On the other hand, petitioners are threatening the party respondents. It is stated that the marriage of the 6th respondent is scheduled to be held on 7.11.2010. Ext.R6(b) is the marriage invitation card. It is alleged that the petitioners along with henchmen are threatening that they will not allow the marriage to be solemnized. 4. Petitioners have filed reply affidavit. 5. We heard Dr.Kylasanath Pillai, learned senior counsel for the petitioners, Sri.Biju Balakrishnan, learned counsel for respondents 6 to 10 and also the learned Government Pleader. Learned counsel for the party respondents would point out Ext.R6(a) in particular. He would also submit that the party respondents have no intention to cause any threat to the petitioners. We record the said submission. In fact, he would submit that in the guise of the interim order what the petitioners have done is they cut off a WPC 32559/2010 -3- way. It is also alleged that the marriage of the 6th respondent may be obstructed. Learned senior counsel for the petitioners submits that no such things have happened and the petitioners have no intention to obstruct the marriage in any manner. Learned Government Pleader, on instructions, submits that it is not correct to say that in the guise of the interim order the way has been obstructed as contended by the party respondents. We record this submission also. The writ petition is disposed of directing that as and when the petitioners complain of any threat by the party respondents to the lives of petitioners before respondents 4 and 5, the said respondents shall look into the complaint, and, if it is found to be genuine, they shall afford protection to the lives of the petitioners as against the party respondents. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS