IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 37006 of 2010(A) ------------------------------- PETITIONER(S): ----------------- 1. MOIDEEN,S/O.MOIDUPPA. 2. AMINA,D/O.LATE MOIDUPPA. 3. HAMSAKUTTY,S/O.LATE MOIDUPPA, ALL RESIDING AT PUTHENPEEDIKAL HOUSE, EZHUVANTHALA,OTTAPALAM-679 335. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHUPURAM-695001. 2. THE DY.SUPERINTENDENT OF POLICE, OFFICE OF THE DY.SUPERINTENDENT OF POLICE, SHORANUR-679122. 3. CIRCLE INSPECTOR OF POLICE, CHERPULASSERY,SHORANUR PIN-679122. 4. SUB INSPECTOR OF POLICE, CHERPULASSERY,SHORANUR PIN-679122. 5. C.P.KUNHIMUHAMMED,S/O.UNNEENKUTTY HAJI, CHETTITHODI POOVATHINKAL HOUSE,KULUKALLUR POST, OTTAPALAM TALUK,PIN-679101. WP(C).No. 37006 of 2010(A) -2- 6. SHEREEF,S/O.C.P.KUNHIMOHAMMED, CHETTITHODI POOVATHINKAL HOUSE,KULUKALLUR POST, OTTAPALAM TALUK,PIN-679101. 7. SHAJI,S/O.VEERAN,ERUKKINGAL HOUSE, POST EZHUVANTHALA,OTTAPALAM TALUK,PIN-679101. 8. ALI,S/O.VEERAN,ERUKKUNGAL HOUSE, POST EZHUVANTHALA,OTTAPALAM TALUK,PIN-679101. 9. ABOOBACKER @ BAPPUTTY,S/O.SEETHU, CHETTITHODI POOVATHINKAL HOUSE,EZHUVANTHALA, OTTAPALAM TALUK,PIN:679101. 10. UMMER,S/O.HAMSA,ANGADIYIL HOUSE, POST EZHUVANTHALA,OTTAPALAM TALUK, PIN-679101. ADV. SRI.NAGARAJ NARAYANAN FOR R5,9,10 SRI.SAIJO HASSAN FOR R5, 9, 10 SRI.BENOJ C AUGUSTIN FOR R5, 9, 10 SRI.PRATHAP PILLAI FOR R5, 9, 10 SRI.RAFEEK. V.K. FOR R5, 9, 10 SRI.C.U.SANGEETH FOR R5, 9, 10 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37006 of 2010(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT DT.05/06/10 FILED BEFORE THE 4TH RESPONDENT. EXT.P2:- PHOTOCOPY OF THE MEDICAL SLIP DT.16/07/10 OF HEALTH CENTRE CHERPULSSERY. EXT.P3:- PHOTOCOPY OF DISCHARGE SUMMARY ISSUED BY THE TALUK HOSPITAL, OTTAPALAM. EXT.P4:- PHOTOCOPY OF the REFERENCE REPORT NO.17/10 ISSUED by the 4TH RESPONDENT. EXT.P5:- TRUE COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL FRST CLASS MAGISTRATE COURT, OTTAPALAM. EXT.P6:- TRUE COPY OF THE COMPLAINT DT.16/08/10 FILED BEFORE THE 2ND RESPONDENT. EXT.P7:- TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DT.13/10/10. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.37006 of 2010 ------------------------------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition seeking police protection, this Court on 13/12/10 issued an interim order directing the police to render protection to the lives of the petitioners as against respondents 5 to 10. Sri.Saijo Hassan, the learned counsel for respondents 5 to 10 submitted that the petitioners are taking advantage of the above interim order and attacking the party respondents. He submitted that the party respondents have been hospitalised on account of the assault by the petitioners. He placed before us the Accident Register-cum-Wound Certificate issued by the hospital in this regard. 2. Having regard to the submissions addressed, we are of the view that the Writ Petition can be disposed of issuing the following directions:- W. P. C. No.37006 of 2010 -2- The 4th respondent, Sub Inspector of Police, Cherpulssery is directed to keep vigil over the petitioners as well as the party respondents and their places of residence and activity and to ensure that the dispute between the parties do not give rise to any violence or law and order situation. It should be ensured that no danger is caused to the lives and limbs of the petitioners as well as the party respondents. There will be a further direction that the crimes already registered by the police will be sincerely investigated and Final Report/Refer Report will be submitted without undue delay. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.37006 of 2010 -3-