IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 8629 of 2010(C) ------------------------------------------------- PETITIONER(S): --------------------- 1. VEERANKUTTY A.P., AGED 48 YEARS, S/O.UNEEN HAJI, ANAPATTATH HOUSE, THANDUKODE, VELLAYOOR P.O., MALAPPURAM DISTRICT. 2. RAZIYA, W/O.VEERANKUTTY A.P., ANAPATTATH HOUSE, THANDUKODE, VELLAYOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KALIKKAVU POLICE STATION, MALAPPURAM DISTRICT. 4. MARIYA N.K., D/O.ABDU HAJI, NECHIKKODAN HOUSE, THURUMBODA, KALKKUNDU P.O., KARUVARAKUNDU VIA. 5. SHIFAS RAHMAN, S/O.VEERANKUTTY A.P., NECHIKKODAN HOUSE, THURUMBODA, KALKKUNDU P.O., KARUVARAKUNDU VIA. 6. NECHIKKADAN HAMEED, S/O.ABDU HAJI, NECHIKKODAN HOUSE, THURUMBODA, KALKKUNDU P.O., W.P.(C).NO.8629 OF 2010 C 7. NECHIKKADAN YAHAQOOB, S/O.ABDU HAJI, NECHIKKODAN HOUSE, THURUMBODA, KALKKUNDU P.O. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA ADV. SRI.T.K.SAIDALIKUTTY FOR R4-7 SRI.A.A.ZIYAD RAHMAN FOR R4-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.8629 OF 2010 C PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FIR CRIME NO.174/2009 DATED 13.10.2009 REGISTERED BY THE KALIKAVU POLICE STATION. EXT.P2 TRUE COPY OF THE WOUND CERTIFICATE DATED 5.12.2009 OF THE PETITIONER ISSUED BY THE GOVERNMENT HOSPITAL, MANJERI. EXT.P2(A) TRUE COPY OF THE WOUND CERTIFICATE DATED 5.12.2009 OF THE PETITIONER'S WIFE ISSUED BY THE GOVERNMENT HOSPITAL, MANJERI. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 18.2.2010 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS; NIL // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 8629 OF 2010 C --------------------------------------------------- Dated this the 24th March, 2010 JUDGMENT K.M. Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 and 2 to provide adequate police protection to the life and property of the petitioners. ii) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to take all necessary steps so as to ensure that Ext.P3 representation is not flouted by respondents 4 to 7 or their men or agents.” 2. The first petitioner is residing with the second wife, namely the second respondent. There was an earlier marriage. That ended in divorce. It is stated that the divorced wife, the fourth respondent and her henchmen who are arrayed as WPC.8629/10 C 2 respondents 5 to 7, are continuously threatening and assaulting the petitioners. There is reference to certain crimes. Petitioners have also produced certain Certificates. Learned counsel appearing on behalf of respondents 4 to 7 would seek to file Counter. He would say that respondents 4 to 7 have no intention to cause any threat to the petitioners and they have done nothing also. Without going into the allegations and recording the submission of the learned counsel for respondents 4 to 7, we dispose of the Writ Petition directing respondents 2 and 3 to provide adequate protection for the life of the petitioners as against respondents 4 to 7 and their men as and when required. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge