IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32545 of 2011(P) -------------------------- PETITIONER(S): --------------- SEBASTIAN S.S., AGED 38 YEARS, S/O.XAVIER, RESIDING AT SATHYAVILASAM, UPPILIKAI, PUTHUKAI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- 1. STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT. 2. SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT, KASARAGOD. 3. VINODKUMAR, S/O.KUMARAN, RESIDING AT PALOTTIL HOUSE, PATTLOMKAI, UPPILIKAI P.O., HOSDURG, KASARAGOD DISTRICT. 4. RAJESH P., S/O.KANNAN, RESIDING AT PALOTTIL HOUSE, PATTLOMKAI, UPPILIKAI P.O., HOSDURG, KASARAGOD DISTRICT. 5. RAJAN P., S/O.KANNAN, RESIDING AT PALOTTIL HOUSE, PATTLOMKAI, UPPILIKAI P.O., HOSDURG, KASARAGOD DISTRICT. 6. SUJITH KUMAR, KUNHIRAMA MARAR, EZHOMTHODE, PO, UPPILIKAI P.O., HOSDURG, KASARAGOD DISTRICT. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOOAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32545/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE ORDER DATED 30/11/2011 IN I.A. NO.2234/2011 IN O.S. NO.336 OF 2011 OF MUNSIFFS COURT, HOSDURG. EXT.P2; COPY OF COMPLAINT DATED 1/12/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32545 OF 2011 ------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 1 and 2. 2. The case of the petitioner is that filing of suit (O.S. No.336/2011) by the brother-in-law as well as the sister of the petitioner against the party respondents 3 to 6 and the passage of an order of injunction against them in that suit has infuriated the party respondents to such an extent that they are frequently causing serious threats to the life and limbs of the petitioner. There has been several attempts of assaults by the party respondents on the petitioner. Even though the police were approached, they are adopting an attitude of lethargy. This has emboldened the party respondents. Ext.P2 is the last representation which the petitioner submitted before the Superintendent of Police. 3. The submission of Sri.Suresh Kumar Kodoth learned W.P.(C) No. 32545 /2011 2 counsel for the petitioner is that once, on account of assaults of respondents 3 to 6, the petitioner sustained injuries and was hospitalised. Upon getting intimation from the hospital authorities, a police constable came over to the hospital . But, being under the influence of the party respondents, the police constable did not even record the statement of the petitioner. The attitude of the first respondent is one of indifference and this was why Ext.P2 was submitted before the Police Superintendent. Even the Superintendent of Police is not taking any action. 4. Having regard to the submissions addressed at the Bar and the averments in the writ petition and the various materials placed on record particularly Ext.P2, we are of the view that it is not necessary that we examine the truth or otherwise of the averments of the petitioner. According to us, limited relief can be given to the petitioner at this stage itself even without issuing notice to the party respondents. Hence, we dispose of this writ petitioner in the following terms; The 2nd respondent is directed to take up Ext.P2 immediately. He will conduct detailed enquiry into Ext.P2 either directly or through any officer subordinate to him other than W.P.(C) No. 32545 /2011 3 the first respondent. The officer conducting the enquiry can either summon the party respondents or meet them. If enquiry reveals that there is subsisting threat to the life and limbs of the petitioner from the party respondents, it shall be the obligation of that officer to take such action as is necessary for protecting the life and limbs of the petitioner. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32545 /2011 4