IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10761 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. THOMAS, KIZHAKKEDATH, BHARANANGANAM, PALA, KOTTAYAM. 2. SAJI, KIZHAKKEDATH, -DO-. 3. HATHAKAI, -D0-. BY ADV. SRI.B.KRISHNA MANI SRI.JOSEPH T.JOHN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, MANCHERI, MALAPPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MANCHERI, MALAPPURAM. 4. THE SUB INSPECTOR OF POLICE, MANCHERI, MALAPPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA, KOTTAYAM. 6. MOHAMMED ISMAIL, VALIYATHODI, RAMANKULAM, KARUVOOMPURAM POST, WEST MANCHERI, MALAPPURAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.10761 of 2009 ------------------------------- Dated this the 2nd April, 2009 J U D G M E N T Raman, J. The prayer made in this writ petition is for a writ of mandamus to be issued to respondents 1 to 5 to give police protection to the petitioners and for a further direction to respondents 1 to 4 not to harass the petitioners. Both are apparently conflicting prayers. One is seeking protection from the police and the other is seeking a protection against the police. In such circumstances, we asked the learned Government Pleader to get instructions in the matter. 2. The learned Government Pleader, on instructions, submits that sixth respondent, who is the father of the third petitioner, had lodged a complaint before the fourth respondent alleging that his daughter is found missing. The police necessarily will have to enquire, after registering a man W.P.(C) No.10761 of 2009 2 missing case. This is all what is done by the police, against which the petitioner cannot validly make any complaint. 3. However, since the petitioners have expressed their willingness in the affidavit in support of the writ petition to appear before the Magistrate Court or before the concerned police station, as may be directed by this Court, we direct the petitioners 2 and 3 to surrender before the fourth respondent at 11 a.m. on 4.4.2009. The first petitioner can accompany petitioners 2 and 3. On appearance before the police, petitioners 2 and 3 shall be produced before the Magistrate Court, after giving notice to sixth respondent, whereupon, the Magistrate will pass appropriate orders, in accordance with law. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.