IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 35234 of 2010(D) ---------------------------------- PETITIONER(S): ------------------- 1. V.SHAJI, KUMBLOORPADEETTATHIL, PULIMEL, PATTOOR PO, PADANILAM, ALAPPUZHA DISTRICT. 2. CHANDRALEKHA, W/O.SHAJI, DO..DO.. BY ADVS. SRI.M.V.THAMBAN SMT.R.RAJI SMT.THARA THAMBAN SRI.BIPIN SMT.REVATHY P. NAIR RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE,ALAPPUZHA DISTRICT 688 001. 2. DEPUTY SUPERINTENDENT OF POLICE CHENGANNUR, ALAPPUZHA DISTRICT 689 121. 3. CIRCLE INSPECTOR OF POLICE MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT 690 101. 4. S.I.OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT 690 504. 5. RAJESH, SREESADANAM, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. svs ........2/-... ...2... WP(C).No. 35234/2010(D) 6. MANOJ, MANOJ BHAVANAM,PULIMELMURY, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. 7. JYOTHISH, MALAYILTHEKKATHIL, PULIMELMURY, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. 8. MOHANAN, KADAVINTEMELATH, PULIMELMURI, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. 9. RAGHAVAN, MALAYILTHEKKATHIL, PULIMELMURI, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. 10. PADMAJA,MALAYILTHEKKATHIL, PULIMELMURI, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. 11. GEETHA MOHANAN,KADAVINTEMELATH, PULIMELMURI, PATTOOR PO, NOORANADU, ALAPPUZHA DISTRICT 690 529. R1 TO R4 BY GOVT.PLEADER SRI.T.K.VIPINDAS R5 TO R11 BY ADV. SRI.S.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 35234/2010(D) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. P2: COPY OF THE FINAL REPORT IN C.C. NO. 175/2010. P3: COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 18/02/2010. P4: COPY OF THE UNNUMBERED C.M.P. IN C.C. NO 175/2010. P5: COPY OF THE COMPLAINT FILED BEFORE THE DIRECTOR GENERAL OF POLICE. P6: COPY OF THE C.I. OF POLICE, MAVELIKKARA DATED 27/10/2010. P7: COPY OF THE FIR IN CRIME NO. 709/2010 OF NOORNADU POLICE STATEION. P8: COPY OF THE DISCHARGE CARD ISSUED FROM THE JOSCO MULTI SPECIALIST HOSPITAL. P9: COPY OF THE F.I.R. NO.746/2010 DATED 11/11/2010. P10: COPY OF THE INFORMATION OBTAINED UNDER THE RIGHT TO INFORMATION ACT. P11: COPY OF THE EXTRACTS OF THE MALAYALA MANORAMA DAILY DATED 11/10/2010. P12: COPY OF THE EXTRACTS OF THE MALAYALA MANORAMA DAILY DATED 12/10/2010. P13: COPY OF THE INVITATION CARD OF THE MARRIAGE. P14: COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE SECRETARY OF KANDIYOOR MAHADEVA TEMPLE, MAVELIKKARA DATED 14/11/2007. P15: COPY OF THE EXTRACT OF THE PENSION CERTIFICATE. P16: COPY OF THE EXTRACT OF GROUP INSURANCE CERTIFICATE SHOWING THE DETAILS OF INSURER. svs ..........2/-... ...2... WP(C).No. 35234/2010(D) P17: COPY OF THE REFER REPORT FILED BY THE 4TH RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE A PETITION FILED BEFORE THE 1ST RESPONDENT. R5(b):COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT. R5(c):COPY OF THE MASS PETITON SUBMITTED TO THE HOME MINISTER OF KERALA. R5(d):COPY OF THE MASS PETITION. R5(e):COPY OF THE PAPER CUTTING OF KERALA KAUMUDI DAILY DATED 20/10/2010 REGARDING THE MENACE AND HARASSMENT OF THE COMPLAINANT AND THE POLICE. /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.35234 of 2010 ***************************** Dated this the 10th day of January, 2011 JUDGMENT BASANT, J. The petitioners - spouses have come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 to 4 to afford police protection to the petitioners from the illegal, violent and contumacious conduct of respondents 5 to 11. According to the petitioners, respondents 5 to 11 are local persons in the neighbourhood. They allegedly entertain animosity against the petitioners for the reason that the petitioners had complained about one Ponnamma. Because of such animosity, respondents 5 to 11 are unnecessarily causing vexation and harassment to the petitioners. Appropriate directions may be issued to ensure that respondents 5 to 11 do not indulge in such contumacious conduct and respondents 1 to 4 afford protection to the petitioners, pray petitioners before this Court. 2. Notice was ordered to respondents. Respondents have been served. Counter affidavit has been filed on behalf of respondents 5 to 11. They deny all the allegations raised. W.P(C) No.35234 of 2010 2 According to them, the petitioners who have come to the locality are creating unnecessary problems for the local inhabitants. In these circumstances, no order for protection need be granted, it is submitted in the counter affidavits. 3. Today when the matter came up for hearing, arguments have been heard. The learned Government Pleader submits that it appears that between the petitioners and other local inhabitants there are certain problems. Crimes have been registered. The Bench which admitted the matter on 24.11.2010 had directed that protection be afforded to the petitioners and accordingly the following order was passed on 24.11.2010. “There will be an interim order directing respondents 3 and 4 to provide sufficient protection to the lives of the petitioners as against any threat from respondents 5 to 11 for two weeks.” The said order of interim direction has been extended from time to time. The learned Government Pleader submits that as at the moment, there is absolutely no threat to the person or lives of the petitioners. The learned counsel for the petitioners also submits that after the interim order dated 24.11.2010, there is no threat or risk is faced by the petitioners. The learned Government Pleader, in these circumstances, prays that the W.P(C) No.35234 of 2010 3 interim order passed on 24.11.2010 may be made absolute and this proceedings may be closed. 4. We find the said submission to be acceptable. The petitioners also accept the same. We make absolute the interim order dated 24.11.2010 extracted above. 5. This Writ Petition is accordingly allowed to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/