IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 9508 of 2010(K) ------------------------- PETITIONER: --------------- BABU GEORGE, S/O.VARGHESE, AGED 40 YEARS, VATTOLIL HOUSE,KAILASAMNADU P.O., PARATHODU, IDUKKI DISTRICT. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENTS: --------------- 1. S.I.OF POLICE, SANTHANPARA POLICE STATION, IDUKKI DISTRICT. 2. C.I.OF POLICE, DEVIKULAM CIRCLE, IDUKKI DISTRICT. 3. T.J.SHINE, THAKIDIKAL HOUSE, SANTHANPARA P.O.,SANTHANPARA, IDUKKI DISTRICT. 4. K.V.SHAJI, KOONANIKAL HOUSE, MAVADI P.O., PUDHAKIL, MAVADI, IDUKKI DISTRICT. G.P. SHRI C M NAZER FOR R1 & R2 SHRI. SAGI MATHEW FOR R4 ADV. SRI.SAJI MATHEW FOR R4 SRI.DENU JOSEPH FOR R4 SRI.JUFIN GEORGE VALOORAN FOR R4 SRI.SAJI MATHEW FOR R3 SRI.DENU JOSEPH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE COMPLAINT DT. 28.2.2010. EXT.P2 : TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT'S OFFICE DT.1.3.2010 FOR THE RECEIPT OF EXT.P1 COMPLAINT. RESPONDENTS' EXHIBITS: EXT.R4(a): TRUE COPY OF THE REPORT OF THE ENQUIRY COMMISSION. EXT.R4(b): TRUE COPY OF THE NOTICE DT.4.11.2008. EXT.R4(c) : TRUE COPY OF THE NOTICE DT.3.12.2008. EXT.R4(d) : TRUE COPY OF FIR NO.149/2009 DT.22.7.2009 EXT.R5(e) : TRUE COPY OF THE CC 353/2009 ON THE FILE OF JFCMC, PERUMBAVOOR. EXT.R5(f) : TRUE COPY OF THE AGREEMENT DT.26.4.2008 EXT.R5(g) : TRUE COPY OF THE CC 218/2009 ON THE FILE OF JFCMC, PERUMBAVOOR // TRUE COPY // K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 9508 of 2010 K - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court praying for a direction to respondents 1 and 2 to afford adequate and meaningful protection to the life of the petitioner and his family members. 2. Briefly the case of the petitioner is as follows. Petitioner was a local committee member of C.P.I(M). Recently, due to ideological differences and because he stood against certain illegal actions of the party, the petitioner was constrained to resign from the party and joined the Indian National Congress. The respondents became hostile to the petitioner and he was threatened. His life is extremely in danger. W.P.(C).No. 9508 of 2010 2 3. A counter affidavit is filed by respondents 3 and 4. According to them, there is a complaint against the petitioner about creating forged documents relating to the property of one Rathi. An Enquiry Commission was appointed. Ext.R4(a) is the report of the Enquiry commission. The petitioner was given notice seeking his explanation. He failed to give any reply. He was issued with another notice, to which also he did not give any explanation. The petitioner was dismissed from the party for his illegal activities. 4. It is stated that an F.I.R. has been registered against some persons, including the petitioner. It is also stated that there is no truth in the allegations in paragraph 3 of the Writ Petition. There are references to certain criminal cases, in which the petitioner was involved. 5. In the light of the apprehension of the petitioner, we make the interim order absolute. However, we make it clear that we are not pronouncing on the contentions raised by the parties as against each other. We also make it clear that in any proceedings before any Forum W.P.(C).No. 9508 of 2010 3 it will not be open to the petitioner to produce the order of this Court as a shield for defending his case. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm