IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 14945 of 2011(P) --------------------------------------- PETITIONER: ------------------- KADAMPIL SASI, S/O. APPUNNI, AGED 40 YEARS,KADAMPIL HOUSE, NALLAPARAMBU, P.O.KANMANAM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KALPAKAMCHERRY POLICE STATION, MALAPPURAM DISTRICT – 676 551. 2. THE CIRCLE INSPECTOR OF POLICE, VALANCHERRY CIRCLE, VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT – 676 552. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, OFFICE OF THE SUPERINTENDENT OF POLICE,MALAPPURAM DISTRICT – 676 505. 4. KUMBALAPARAMBIL MUSTAFFA, S/O. MOIDEEN, KUMBALAPARAMBIL HOUSE, P.O.KANMANAM, PIN-676 556, TIRUR TALUK, MALAPPURAM DISTRICT. 5. HUSSAIN THUPPATH, S/O.MOOSA, THUPPATH HOUSE, P.O.KANMANAM,PIN-676 556, TIRUR TALUK, MALAPPURAM DISTRICT. 6. KUNHAPPU HAJI, S/O. KUNHUMOIDEEN, AAPARAMBIL HOUSE, P.O.KANMANAM, NALLAPARAMBU, TIRUR TALUK, MALAPPURAM DISTRICT – 676 556. W.P.(C). NO.14945/2011-P: 7. SHAJI PALAKKAPARAMBIL, S/O. BALAN, PALAKKARAMBIL HOUSE, P.O.THEKKANKUTTOOR– 676 551, MALAPPURAM DISTRICT. 8. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 TO R3 & R8 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 TO R7 BY ADV. SRI.JAMSHEED HAFIZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14945/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DOCUMENT NO.1406/1999 OF KALPAKAMCHERRY S.R.O. EXT.P.2: COPY OF THE TAX RECEIPT ISSUED FROM THE VALAVANNOOR VILLAGE OFFICE. EXT.P.3: COPY OF THE COMPLAINT DTD. 31/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE COMPLAINT DTD. 31/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.5: COPY OF THE COMPLAINT DTD. 01/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 14945 of 2011-P ------------------------------------------------- Dated this the 10th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 to 3 and 8 to afford protection to the petitioner against illegal, contumacious and violent acts on the part of respondents 4 to 7 directed against him. 2. According to the petitioner, he is the co-owner, along with another, of an item of property. Respondents 4 to 6 with the help of the 7th respondent are compelling and coercing the petitioner to sell his rights in the property; but the petitioner is not willing to do the same. The petitioner apprehends violent acts of threatening his life and person from respondents 4 to 7. In these circumstances, appropriate directions may be issued, it is submitted. 3. respondents 4 to 7 have entered appearance through counsel. The learned counsel submits that respondents 4 to 7 have no intention whatsoever to threat him or compel the petitioner, if he is unwilling, to sell his property to them. The W.P.(C) No. 14945 of 2011 -: 2 :- allegations are totally false. They are made with ulterior motives. No directions under Art.226 of the Constitution for police protection are, in these circumstances, liable to be issued. 4. We turned to the learned Government Pleader for submissions. The learned Government Pleader, after taking instructions, submits that in the perception of the police, there is no threat to the life or person of the petitioner from respondents 4 to 7 for his alleged failure to convey his rights in the property to respondents 4 to 6. If there be any such illegal or violent activities on the part of respondents 4 to 7, the petitioner can complain and if the complaint is genuine, the police shall respond adequately to such complaint, submits the learned Government Pleader. 5. We have considered all the relevant inputs. We are not persuaded to agree that any specific directions deserve to be issued under Art.226 of the Constitution to respondents 1 to 3. We accept the submissions of the learned Government Pleader. 6. This writ petition is, in these circumstances, dismissed with the above observations. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/ W.P.(C) No. 14945 of 2011 -: 3 :-