IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 31646 of 2011(E) -------------------------------------- PETITIONER(S): --------------------- MATHEW P.P., AGED 67 YEARS, S/O.PETER, MOOLAMATTATHIL PUTHEN PURAYIL, NECHUR P.O., PIRAVOM (VIA) ERNAKULAM. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. ALIAS, S/O.ISAC, PANANGADANGAL HOUSE, DRIVER BY PROFESSION, NECHUR, PIRAVOM (VIA), ERNAKULAM DIST - 686664. 2. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM - 686664. 3. THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM - 686664. 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM DIST - 682018. R2 TO R4 BY SRI. G.P. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 31646/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 THE TRUE COPY OF THE COMPLAINT BEFORE THE POLICE DT.10/11/2011. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31646 OF 2011 ------------------------ Dated this the 28th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a senior citizen, has filed this writ petition under Article 226 seeking protection for his life and limbs from the first respondent. According to him, even though the police have registered a crime acting on the earlier complaint submitted by the petitioner, the first respondent continues to indulge in contumacious acts. 2. As directed by us, Sri. Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 2 to 4 and we have heard him also. 3. Having considered the averments in the writ petition and the rival submissions addressed before us by Sri.C.K,Sreejith learned counsel for the petitioner and Sri.Dhanesh Mathew Manjooran learned Government Pleader and having gone through the various documents produced by the petitioner, we are of the view that it is not necessary that we examine the truth or otherwise of the allegations of the petitioner. We are sure that it may not be proper to blame the police officers of lethargy WPC.No.31646/2011 2 towards the complaint of the petitioner as it is conceded that one crime is already registered at the instance of the petitioner. 4. We dispose of this writ petition issuing the following directions; The 3rd respondent - Sub Inspector of Police is directed to take up Ext.P1 immediately. The first respondent is directed to conduct an enquiry into Ext.P1. As part of the enquiry, the 3rd respondent can summon the first respondent. If the enquiry reveals that there subsists threat to the life and limbs of the petitioner from the part of the 1st respondent, the 3rd respondent shall take such action as is necessary for protecting the life and limbs of the petitioner. At any rate, the 3rd respondent shall keep constant vigil over the petitioner and the first respondent and shall ensure that no danger is caused to the petitioner on account of the first respondent. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.31646/2011 3