IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 12614 of 2011(B) ------------------------------------- PETITIONER(S): ------------------------ 1. A.M.SALIH MOULAVI, S/O. ASSANARUU KUNJU, AGED 68 YEARS, RESIDING AT DARUSSALAM, T.C.10/1640 VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM-695013. 2. R.SOUDHA BEEVI, W/O. A.M.SALIH MOULAVI, AGED 58 YEARS, RESIDING AT DARUSSALAM, T.C.10/1640 VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM-695013. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001. 2. SUB INSPECTOR OF POLICE, VAIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM-695603. 3. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695001. 4. RAHMATHULLA S/O. A.M.SALIH MOULAVI, AGED 37 YEARS, RESIDING AT SUBAH, T.C.45/633, THUNDUVILAKAM, KALLUMMOODU, PETTA, ANAYARA.P.O.,THIRUVANANTHAPURAM-695038. R1 TO R3 BY GOVT. PLEADER SMT. C.M.CHARISMA R4 BY ADV. SRI.SALIM V.S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12614/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPIES OF CERTIFICATE DTD. 30.12.1978 ISSUED FROM EDAVA DARUL ULOOM ARABIC COLLEGE AND CERTIFICATE DTD. 5.8.1982 ISSUED BY MAINTENANCE AND PUBLIC SERVICE EST. OF DAMMAM. P2:- COPY OF THE NOTICE DTD. 2.10-.2008. P3:- COPY OF THE NOTICE PUBLISHED IN THE MALAYALAM DAILY KERALA KAUMUDI DTD. 4.10.2008. P4:- COPIES OF F.I.R. NO.30/2008 DTD. 17.1.08 OF KANNUR TOWN POLICE STATION AND ORDER DTD. 20.3.09 IN ANTICIPATORY BAIL APPLICATION NO. 1353/2009 OF THIS HONOURABLE HIGH COURT. P5:- COPIES OF COMPLAINT DTD. 16.4.2011 PREFERRED BEFORE THE 2ND RESPONDENT AND RECEIPT DTD. 16.4.2011 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. P6:- COPIES OF THE MEDICAL RECORDS OF TREATMENT OF THE ACUTE AILMENTS OF THE FIRST PETITIONER. RESPONDENT'S EXHIBITS R4(A):- COPY OF THE FIR IN CRIME NO.819/08 OF KANNUR TOWN POLICE STATION. TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.12614 of 2011 ------------------------------- Dated this the 28th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The petitioners are husband and wife. 4th respondent is the son of the petitioners. The petitioners and other family members are managing a religious and charitable trust which is functioning in a portion of their residential house. The 4th respondent was the Secretary of the trust. According to the petitioners, he was expelled from the family trust on coming to know that he is involved in immoral acts and had association with criminals and involvement in heinous crimes. Allegation is that, infuriated by expulsion from family trust, the 4th respondent is causing harassment to the petitioners and he is raising cruel and inhuman threats against the parents and also there is threat of physical assault. The petitioners have submitted complaints to respondents 2 and 3 seeking to avert such illegal actions 2 W.P.(C) No.12614 of 2011 of the 4th respondent and to afford protection to the life of the petitioners. Since no positive action is taken, this writ petition is filed. 2. In the counter affidavit filed by the 4th respondent it is contended that, the 1st petitioner had deserted the first wife and children and litigations are pending in that respect. It is stated that the 4th respondent tried to make an amicable settlement of such dispute and tried to facilitate the first wife and children with financial assistance from the 1st petitioner. According to the 4th respondent, this created ill-will on the 1st petitioner and on account of the same the 4th respondent is expelled from the family trust. All the allegations regarding involvement of the 4th respondent in criminal activities is stoutly refuted. According to the 4th respondent he happened to be accused in a criminal case only because a dispute arose out of purchase of a car. However it is conceded that, the 4th respondent is not raising any threat to the petitioners' life and that he has got great respect to his parents. It is 3 W.P.(C) No.12614 of 2011 further stated that he has no intention to cause bodily attack or assault on the petitioners. 3. We notice that on 26.4.2011 this Court had issued an interim order directing the respondents 1 to 3 to afford adequate police protection to the life of the petitioners and other members of their family and their properties. Considering the statements of the 4th respondent that he has no intention to cause threat or harassment or any physical assault to the petitioners, we confirm the said interim order, directing respondents 1 to 3 to take appropriate steps, if there is any such threat. The writ petition is disposed of accordingly. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/