IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 12446 of 2011(E) -------------------------------- PETITIONER(S): ----------------- HUSSAIN, AGED 47 YEARS, S/O. MYTHEENKUNJU, K.P. HOUSE, VENGA, PALLISSERICKAL.P.O, KOLLAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------- 1. SUPERINTENDENT OF POLICE, KOTTARAKKARA RURAL, KOTTARAKKARA - 691 506. 2. SUB INSPECTOR OF POLICE, SASTHAMCOTTA - 690 521. 3. WAHAB, AGED 38, S/O. MOHAMMED KUNJU, C.K. HOUSE, VENGA, MYNAGAPALLY, KOLLAM DISTRICT - 690 519. 4. MOHAMMED KUNJU, AGED 60 YEARS, C.K. HOUSE, VENGA, MYNAGAPALLY, KOLLAM DISTRICT - 690 519. WP(C).No. 12446 of 2011(E) -2- 5. M.V. KARTHIKEYAN, AGED 45 YEARS, CHAVARA GOVERNMENT COLLEGE, BABY JOHN MEMORIAL COLLEGE, CHAVARA - 691 583. ADV. SRI.K.ABDUL JAWAD FOR R3-5 GOVT. PLEADER SRI.DINESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12446 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF LICENCE DATED 18/07/07. EXT.P2:- TRUE COPY OF LICENCE DATED 09/07/10. EXT.P3:- TRUE COPY OF ACKNOWLEDGMENT DATED 23/03/11. EXT.P4:- TRUE COPY OF APPLICATION FOR LICENCE DATED 25/03/11. EXT.P5:- TRUE COPY OF RECEIPT FOR REMITTING FREE FOR LICENCE. EXT.P6:- TRUE COPY OF CERTIFICATE FROM POLLUTION CONTROL BOARD DATED 11/03/11. EXT.P7:- TRUE COPY OF CERTIFICATE DATED 10/03/11 EXT.P8:- TRUE COPY OF CHELLAN DATED 22/02/11. EXT.P9:- TRUE COPY OF PETITION DATED 14/04/11. EXT.P10:- TRUE COPY OF RECIPT DATED 14/04/11 EXT.P11:- TRUE COPY OF COMPLAINT DATED 18/04/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.12446 of 2011 ------------------------------------------------ Dated this the 24th day of October, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed seeking police protection to the lives of the petitioner and his family members, from the alleged threat, harassment and illegal acts on the part of respondents 3 to 5. Inter alia the petitioner is seeking direction to respondents 1 and 2 to take effective action on the basis of Ext.P9 and P11 complaints. 2. The dispute between the petitioner and the party respondents seems to be with respect to conduct of a gold ornament manufacturing unit by the petitioner, to which the respondents are causing objections. Learned counsel appearing for the party respondents, while disputing all the allegations raised in the Writ Petition, submitted that licence granted by the Panchayat for the said unit stands suspended and 'stop memo' has already been issued to the W. P. C. No.12446 of 2011 -2- petitioner. The above submission is disputed by learned counsel for the petitioner stating that at present he is having a valid licence. 3. We notice that, when the Writ Petition came up for admission on 19/04/11 this Court had issued directions to the 2nd respondent to take action on the basis of Ext.P11 complaint, as warranted under law, if the allegations are found to be genuine. Learned Government Pleader, on the basis of instructions received, submitted that a criminal case has already been registered against respondent No.3 as Crime No.184/11 of Sasthamcottah Police Station and the same is under investigation. 4. We are not concerned with the dispute pertaining to conduct of the gold ornaments manufacturing unit. Needless to say that the petitioner can conduct such unit only if he has got all requisite valid permissions and licences. However, learned counsel appearing for respondents 3 to 5 submitted that they have no intention to cause any threat to the lives of the petitioner or to his family members. We W. P. C. No.12446 of 2011 -3- record the above submission. 5. Under the above mentioned circumstances, the Writ Petition is disposed of directing respondents 1 and 2 to keep vigil over the situation and to take effective steps to protect lives of the petitioner and his family members, if there is any threat from the side of respondents 3 to 5 or anybody acting under them. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-