IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 11040 of 2010(D) ------------------------------------------------- PETITIONER(S): ---------------------- BENNY THUNDATHIL, S/O.ULAHANNAN, AGED 40 YEARS, THUNDATHIL HOUSE, KUTHUNGAL P.O., MAVARA CITY, UDUMBANCHOLA VILLAGE, IDUKKI DISTRICT, PIN 685566. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENT(S): ------------------------- 1. S.I.OF POLICE, SANTHANPARA POLICE STATION, IDUKKI DISTRICT. 2. C.I.OF POLICE, DEVIKULAM CIRCLE, IDUKKI DISTRICT. 3. JIMMY GEORGE, VENDANATH HOUSE, CHEMMANNAR P.O., UDUMPANCHOLA VILLAGE, IDUKKI DISTRICT, PIN 685554. 4. K.V.SHAJI, KOONANIKAL HOUSE, MAVADI P.O., PUDHAKIL, MAVADI, IDUKKI DISTRICT. 5. SAJI KUMAR, KOCHUVAZHAYIL HOUSE, CHEMMANNUR P.O., PANAKULAM, PIN 685554. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.SAJI MATHEW FOR R3-5 SRI.DENU JOSEPH FOR R3-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.11040 OF 2010 D PETITIONER'S EXHIBITS: EXT.P1TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT AND THE STATEMENT. EXT.P2TRUE PHOTOCOPY OF THE PETITION TO THE SANTHAMPARA SI OF POLICE. EXT.P3TRUE PHOTOCOPY OF THE RECEIPT GIVEN BY THE SI. OF POLICE, SANTHANPARA POLICE STATION. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 11040 OF 2010 D --------------------------------------------------- Dated this the 14th June, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a mandamus commanding respondents 1 and 2 to afford adequate and meaningful protection to the life of the petitioner. Briefly put, the case of the petitioner is as follows: Petitioner is a member of the Congress Party and is the Udumbanchola Mandalam President of Congress (I). According to him, there was brutal attack by one Mr. Jimmy George who is arrayed as the third respondent. Allegations are raised against respondents 4 and 5 also. Ext.P1 is a FIR and FI Statement. It is stated that there is political enmity. A Counter Affidavit is filed by respondents 3 to 5 denying the allegations. 2. We heard the learned counsel appearing for the parties. In the circumstances of the case and in view of the apprehension WPC.11040/2010 D 2 of the petitioner and also registration of the crime, we dispose of the Writ Petition by making the interim order absolute. We make it clear that we have not pronounced on the correctness of the allegations made by the petitioner or the party respondents and if any matter comes up before any competent Court or Forum, they are free to decide the matter untrammeled by anything contained in this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge