IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 30573 of 2010(V) ------------------------------------- PETITIONER(S): ---------------------- SUBAIR C.H ,S/O.K.P.ABDUL RAHIMAN, AGED 45 YEARS, RESIDING AT KAMMADATH HOUSE, PATTLAM, PARAPPA PO, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): ------------------------ 1. STATION HOUSE OFFICER,VALLARIKUNDU POLICE STATION, KASARAGOD DISTRICT PIN 671 533. 2. SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT PIN 671 121. 3. C.H.ABDUL RAZAK, AGED 56 YEARS, S/O.K.P.ABDUL REHIMAN,RESIDING AT KAMMADATH HOUSE, PEROLE, PARAPPA PO, KASARAGOD DISTRICT-671 533. 4. C.H.ABDUL AZEEZ,S/O.K.P.ABDUL REHIMAN, AGED 54 YEARS,RESIDING AT KAMMADATH HOUSE, PEROLE, PARAPPA PO, KASARAGOD DISTRICT-671 533. 5. DR.C.H.MOHAMMED,S/O.K.P.ABDUL REHIMAN, AGED 50 YEARS,RESIDING AT KAMMADATH HOUSE, PEROLE, PARAPPA PO, KASARAGOD DISTRICT-671 533. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30573 OF 2010-V PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMPLAINT DATED 27.4.2010 BEFORE THE IST RESPONDENT WITH RESPECT TO THE COMMISSION OF ASSAULT BY RESPONDENTS 3 TO 6 WITH DEADLY WEAPONS. EXT.P2.TRUE COPY OF COMPLAINT DATED 3.5.2010 TO THE 2ND RESPONDENT. EXT.P3. TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.15227 OF 2010. EXT.P4.TRUE COPY OF THE FIR NO.306 OF VELARIKUNDU POLICE STATION. EXT.P5.TRUE COPY OF THE NEWS ITEM DATED 20.9.2010 IN LATEST DAILY. EXT.P6. TURE COPY OF THE COMPLAINT DATED 19.9.2010 BEFORE THE DY.SP KANHANGAD. //TRUE COPY// P.A. TO JUDGE. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.30573 of 2010-V ---------------------------------------------- Dated, this the Ist day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “ to issue a writ of mandamus or any other appropriate writ directing respondent 1 and 2 to render sufficient police protection to the life of the petitioner from respondents 3 to 5 and their men.” 2. Of course, petitioner has approached this Court earlier by filing a writ petition culminating to Ext.P3 judgment. But, it is the case of the petitioner that subsequent to the same, petitioner is a victim of violence at the hands of hired goondas of party respondents. Learned Government Pleader would also support the case of the petitioner. Learned Government Pleader submits that Crime No.306/2010 has been registered under Sections 147,148, 341, 324, 308 read with Section 34 IPC against the brothers of petitioner. In the light of the above development we dispose of the writ petition WPC No.30573/2010 -2- as follows: The first respondent will look into the complaint filed by the petitioner against the party respondents complaining threat to his life, and, if the complaint is found to be genuine, he shall afford sufficient protection to the life of the petitioner as against the party respondents. We make it clear that, we have not pronounced any of the property rights of the parties and this order cannot be used for vindicating the property rights. If the matter comes before any civil Court or any other forum in a lis between the parties, that Court/forum will be free to proceed with the matter untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS