IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31431 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. VIJUMON, S/O.MATHAI, AGED 40 YEARS PALAVARATHEKKEKARA PUTHEN VEEDU PATHANAPURAM, NEDUMPARAMBU PO PUNALUR, PATHANAMTHITTA. 2. MATHUKUTTY P.M, AGED 49 YEARS, S/O.MATHAI RESIDING AT PENIEL HOUSE, KARAVALOOR, PUNALUR, PATHANAMTHITTA. 3. BINDU, W/O.VIJUMON, AGED 30 YEARS PALAVARATHEKKEKARA PUTHEN VEEDU PATHANAPURAM, NEDUMPARAMBU PO PUNALUR, PATHANAMTHITTA. 4. MARYKUTTY, AGED 47 YEARS W/O.MATHUKUTTY, RESIDING AT PENIEL HOUSE KARAVALOOR, PUNALUR. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE PATHANAPURAM POLICE STATION PATHANAPURAM 689 695. 2. THE CIRCLE INSPECTOR OF POLICE PUNALUR CIRCLE OFFICE PUNALUR, PATHANAMTHITTA 689 645. 3. THE ADDL SUPERINTENDENT OF POLICE PUNALUR 691 305. 4. SIMON P M, NISSI BHAVAN MANIYAR PO, PUNALUR 691 305. 5. P.M.JOHN, PEENIEL HOUSE RADIO JUNCTION, KUNDARA, KOLLAM DISTRICT 691 001 BY GOVT.PEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31431/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 16/7/2009 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR. EXT.P2: COPY OF THE COMPLAINT DATED 12/6/2011 LODGED BY THE 1ST PETITIONER. EXT.P3: COPY OF THE COMPLAINT DATED 14/11/2011 LODGED BY THE 1ST PETITIONER BEFORE THE 1ST RESPNDENT. EXT.P4: COPY OF THE COMPLAINT DATED 2/11/2011 LODGED BEFORE THE 2ND RESPONDENT BY THE 1ST PETITOER. EXT.P5: COPY OF THE RECEIPT ISSUED BY THE PUNALUR POLICE ACKNOWLEDGING THE RECEIPT OF EXHIBIT P5 COMPLAINT. EXT.P6: COPY OF THE COMPLAIN DATED 25/12/2008 LODGED BEFORE THE 3RD RESPONDENT BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JDUGE. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.31431 OF 2011 ------------------------ Dated this the 24th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, who are siblings, are seeking protection for their lives against alleged atrocities and contumacious acts from respondents 4 and 5 who are their own siblings. In this writ petition, various allegations are levelled against respondents 4 and 5. It is even described that they are members of a mafia involved in so many criminal offences. 2. As directed by us Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 1 and 3 and we have heard him also. 3. Having gone through the averments in the writ petition and the various materials placed on record by the petitioners and having taken into account the submissions addressed at the Bar, we are of the view that it is not necessary that we examine the truth or otherwise of the allegations contained in this writ petition. We have reason to believe that some of the allegations WPC.No.31431/2011 2 are exaggerated. At the same time, since we find that Ext.P4 has been submitted by the petitioner before the 2nd respondent, we direct the 2nd respondent to take up Ext.P4 immediately. The 2nd respondent will conduct a thorough enquiry into Ext.P4. As part of the above enquiry, the 2nd respondent will either summon or meet the respondents 4 and 5. If the enquiry reveals that there is truth in the allegations in Ext.P4 and that there is threat to the lives and limbs of the petitioners from respondents 4 and 5, it shall be the obligations of the 2nd respondent to ensure either directly or through his subordinate officers that the lives and limbs of the petitioners are safe. At any rate, it will be ensured that the dispute between the petitioners and their brothers (respondents 4 and 5) do not give rise to any law and order situation or violence. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.31431/2011 3