IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 7451 of 2010(F) ------------------------------------ PETITIONER(S): ---------------------- JOSHY THOMAS,S/O.THOMAS,AGED 34 YEARS, KIZHAKKEPARAMBIL HOUSE,THIRUVAMBADY.P.O, KOZHIKODE-673 603. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY POLICE STATION,THAMARASSERY. 2. THE SUB INSPECTOR OF POLICE, THIRUVAMBADY POLICE STATION,THIRUVAMBADY. 3. SRI.AKHILESH,S/O.VIJAYAN, MADONANIRAVIL,THIRUVAMBADY POLICE STATION LIMIT, KOZHIKODE. 4. SRI.ANEESH,S/O.VIJAYAN,MADONANIRAVIL, THIRUVAMBADY POLICE STATION STATION LIMIT, KOZHIKODE. 5. THE SUB INSPECTOR OF POLICE, NADAKAVU POLICE STATION,KOZHIKODE. R1, R2 & R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7451 OF 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE JFCM-II, THAMARASSERY, THE CRIME REGISTERED ON THE SAME AND THE COPY OF THE CHARGE SUBMITTED BY THE THIRUVAMBADY POLICE. EXT.P2. COPY OF THE PROTEST COMPLAINT PREFERRED BY THE PETITIONER AND REGISTERED AS CC.505/2010. EXT.P3.TRUE COPY OF THE REQUEST FOR POLICE AID SUBMITTED BY THE PETITIONER. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.7451 of 2010-F ---------------------------------------------- Dated, this the 17th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief:-- “to issue a writ of mandamus commanding the Ist and 2nd respondents to grant the petitioner sufficient and timely protection to his life and property from the threats posed by respondents 3 and 4 and their men.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner obtained a decree of permanent prohibitory injunction against respondents 3 and 4 and their parents. It is stated that there is violation of the injunction order. Petitioner filed Exts.P1 and P2 complaints before the Judicial First Class Magistrate-II, Thamarasserry. It is alleged that the respondents 3 and 4 pressurizes the petitioner for withdrawing the complaint that on refusal he is assaulted. 3. Though served, there is no appearance for respondents 3 and 4. We have already granted an interim order on 8.3.2010. Having regard to the facts we make the WPC 7451/2010 -2- interim order absolute and dispose of the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS