IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 30223 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. SAINUDEEN,S/O.MUSTHAFA,SHEMI MANZIL, THATTUPALAM,NAVAIKULAM, KALLAMPALAM, THIRUVANANTHAPURAM. 2. SHAJAHAN M., S/O.MUSTHAFA, PUNNATHOPPIL,PALACHIRA, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE RURAL POLICE DISTRICT, THIRUVANANTHAPURAM 695 001. 2. CIRCLE INSPECTOR OF POLICE VARKALA POLICE STATION THIRUVANANTHAPURAM 695 010. 3. SUB INSPECTOR OF POLICE KALLAMBALAM POLICE STATION THIRUVANANTHPURAM 695 032. 4. HUSSAIN,S/O.MUHAMMED HANEEF, NISSAR MANZIL,MULAYARACHAN, VELINALLOOR, OYUR, KOLAM. 691 012. 5. NIHAD ABDUL HAKKI,PALLI KIZHAKKATHIL VEEDU, VADASSERIKONAM,VARKALA, THIRUVANANTHAPURAM 695 010. R1 TO R3 BY SR. GOVT. PLEADER SRI. VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX:- PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE PETITION DATED 8-11-2011 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE PETITION DT. 8-11-2011 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE PETITION DT. 8-11-2011 SUBMITTED BY THE PETITIONERS BEFORE THE A3RD RESPONDENT. EXT.P4 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF EXT.P2 TO THE 1ST RESPONDENT. EXT.P5 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF EXT.P1 TO THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF EXT.P3 TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & K.HARILAL, JJ. ----------------------------------------------- WP(C). No. 30223 of 2011 ----------------------------------------------- Dated this the 14th day of November, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioners who are brothers have filed this writ petition complaining that there is threat to their lives and limbs from respondents 4 and 5. The petitioners were deputed by the son and son-in-law of respondents 4 and 5 for getting visa for working at Saudi Arabea from a deputed travel agency. But as those two persons after securing employment at Saudi Arabea joined an unauthorised trade union, their employer terminated their services. This antagonised not only the son and son-in-law of respondents 4 and 5 but also respondents 4 and 5 themselves. Respondents 4 and 5 are now threatening the petitioners with danger to life and limbs on account of their chagrin towards the petitioners. The petitioners have submitted representations before the concerned officers of police WP(C). 30223/11 -2- including respondents 1 to 3. None of them have taken prompt action. The petitioners are living under fear due to the threats of respondents 4 and 5. Having considered the averments in the writ petition and the submissions of Mr. T.K. Ananda Krishnan, learned counsel for the petitioner and also those of Mr.Viju Abraham, learned Senior Govt. Pleader who has taken notice on behalf of respondents 1 to 3 we are of the view that it is not necessary for this court to examine the truth or otherwise of the allegations raised by the petitioners. It is seen that Ext.P2 petition submitted by the petitioners is pending before the 2nd respondent within whose territorial limits respondents 4 and 5 are residing. The 2nd respondent would take up Ext.P2 immediately and to conduct a thorough enquiry into the truth or allegations contained therein. As part of the enquiry, it is open to the second respondent to meet or to insist on the attendance of respondents 4 and 5. If the enquiry reveals that there is WP(C). 30223/11 -3- truth in the allegations contained in Ext. P2, the 2nd respondent shall either directly or through his subordinate police officers do the needful to ensure that the lives and limbs of the petitioners are safe. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-