IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20239 of 2011(D) -------------------------------------- PETITIONER: ------------------- MATHEW. P.THOMAS S/O.THOMAS, ADVOCATE, PUTHENVEETIL CHURCH VIEW, ELANTHOOR VILLAGE, PATHANAMTHITTA. BY ADVS. SRI.RAJ MOHAN R.PILLAI, SRI.P.BANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, HOME AFFAIRS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA – 689 645. 3. REGHUBVARAN NAIR DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA – 689 645. 4. CIRCLE INSPECTOR OF POLICE, PATHANMTHITTA POLICE STATION – 689 645. 5. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION – 689 645. 6. DEEPU OOMMEN, S/O.LATE OOMMEN VARGHESE, KIZHAKKEKARA HOUSE, KUMBAZHA MURI, PATHANAMTHITTA DISTRICT – 689 653. W.P.(C). NO.20239/2011-D: 7. RENJU OOMMEN S/O.OOMMEN VARGHESE, KIZHAKKEKARA HOUSE, KUMBAZHA MURI, PATHANAMTHITTA DISTRICT – 689 653. R1, R2, R4 & R5 BY GOVT. PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20239/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PAPER REPORTS DTD. 18/07/2011 IN LEADING VERNACULARS. EXT.P.2: COPY OF THE FIR IN CRIME NO.543/2011 OF PATHANAMTHITTA POLICE STATION. EXT.P.3: COPY OF THE RESOLUTION DTD. 19/07/11 PASSED BY THE DISTRICT BAR ASSOCIATION, PATHANAMTHITTA. EXT.P.4: COPY OF THE INJUNCTION ORDER DATED 20/07/2011 PASSED BY THE SUB COURT, PATHANAMTHITTA IN I.A. NO. 1190/2011. EXT.P.5: COPY OF THE PAPER REPORTS APPEARED IN MANGALAM, MATHRUBHOOMI & INDIAN EXPRESS DAILIES DATED 22/07/2011. EXT.P.6: COPY OF THE COMPLAINT DTD. 21/07/2011 SUBMITTED BY THE PETITIONER'S WIFE TO THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20239 of 2011 --------------------------------- Dated this the 27th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner a member of the Pathamthitta Bar has approached this court seeking protection for his life and for the building in his possession where he is conducting his law chambers, from respondents 6 and 7, the building owners and their henchmen. It is alleged that as part of an attempt to evict the petitioner from the building in the petitioner's possession unlawfully the petitioner was manhandled by respondents 6 and 7 and their goondas. 2. Smt.C.M.Charisma, learned Government Pleader as directed by us has taken instructions. Learned Government Pleader submitted that it is true that certain untoward incidents had taken place and the police registered Crime No.543/11 arraying respondents 6 and 7 as the accused. She submitted further that another crime No.548/11 has already been registered in which the petitioner is the accused. She submitted that WP(C) .20239/2011 2 Crime No.552/11 has also been registered and in that case some of the policemen are also accused. Counsel for respondents 6 and 7 submitted that they do not take any attempt to evict the petitioner from the building in question forcibly. Respondents 6 and 7 have been advised to initiate proceedings under the Rent Control Act for evicting the petitioner. Learned counsel assured us that there will not be any attempt in future to evict the petitioner other than through process of the Rent Control Act. We record the submission. 3. Mr.Raj Mohan, learned counsel for the petitioner submitted that unless adequate protection is granted the life of the petitioner is in danger. According to him, the party respondents are having business connections with the 3rd respondent and hence the 3rd respondent will go to any extent for helping the party respondents. Having regard to the apprehension addressed by the learned counsel for the petitioner, there will be a direction to the 2nd respondent to ensure that close vigil is kept over the law chambers of the petitioner and also over the petitioner's residential house and to ensure that nothing untoward happens and if any further WP(C) .20239/2011 3 complaints are received from the petitioner of any threat from respondents 3,6 or 7 to his life or to his peaceful possession of the building, adequate protection will be granted readily. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .20239/2011 4