IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23970 of 2011(U) -------------------------------- PETITIONER(S): ------------------ V.V.HARIDASAN, S/O.(LATE)KRISHNAN MANIYARI, KUTTIYERI AMSAM, PANANGOTTOR DESOM, KUTTIYERI P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): ------------------- 1. THE SUB, INSPECTOR OF POLICE, PERINGOME, KANNUR DISTRICT-670307. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, THIRUVANANTHAPURAM- 695001. 3. M.V.KUNHIRAMAN, AGED 59 YEARS, S/O.MOLOTH VALAPPIL KUNHAPPA, K.P.NAGAR, PERINGOME P.O., PERINGOME AMSOM DESOM, KANNUR DISTRICT-670307. 4. K.SUKUMARAN, S/O.CHENAN GOPALAN, PERINGOME AMSOM DESOM, PERINGOME P.O., KANNUR DISTRICT-670307. ADV. SRI.SUNIL NAIR PALAKKAT FOR R3 & 4 SMT.R.LEELA FOR R3 & 4 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23970 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE PLAINT DT.29/07/11 IN O.S. NO.119/11 FILED BEFORE THE HONOURABLE MUNSIFF COURT, PAYYANNUR. EXT.P2:- TRUE COPY OF THE INJUNCTION APPLICATION DATED 29/07/11 IN O.S.119/11 FILED BEFORE THE HONOURABLE MUNSIFF COURT, PAYYANNUR. EXT.P3:- TRUE COPY OF THE ORDER DATED 29/07/11 IN EXT.P2 APPLICATION OF THE HONOURABLE MUNSIFF COURT, PAYYANNUR. EXT.P4:- TRUE COPY OF THE REPORT DATED 09/08/11 OF THE ADVOCATE COMMISSIONER IN EXT.P1 SUIT. EXT.P5:- TRUE COPY OF THE REPRESENTATION DATED 28/07/11 FILED BEFORE THE 1ST RESPONDENT. EXT.P6:- TRUE COPY OF THE PUBLIC NOTICE. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23970 of 2011 ------------------------------------------------ Dated this the 19th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has filed this Writ Petition seeking a direction to the 1st respondent, the Sub Inspector of Police, Peringome, Kannur District to consider Ext.P5 representation submitted by the petitioner and to grant adequate protection to the petitioner, to his property and to his life for the re-construction of a wall around the property which is subject matter of Ext.P1 suit. On considering this Writ Petition for admission and taking into account the submissions of Sri.A.Krishnan, the learned counsel that a march has been arranged by the party respondents on 05/09/11 and there was every likelihood that there will be violence in the said march, we passed the following interim order on 02/09/11. “In the meanwhile, R1 is directed to ensure W. P. C. No.23970 of 2011 -2- that the march, which is proposed to be conducted as per Ext.P6 notification on 05/09/2011, does not lead to any law and order situation resulting any danger to the life or limbs of the petitioner or damage to the property claimed by the petitioner to be his.” 2. Sri.R.Sunil Nair Palakkat, the learned counsel for the party respondents submitted that as Ext.P1 suit is already filed by the petitioner, this Court may not be justified in granting any relief in respect of the property. As regards the protection for life sought for, Sri.Sunil Nair submitted that the allegations are without any basis. A Samithi by name “Micha Bhoomi Samrakshana Samithi” has been formed by the right thinking people of the locality under the presidentship of one Retired District Registrar and all the activities of the above Samithi are being conducted in a very peaceful manner. There will not be any violence or any danger to the life of the petitioner. Sri.A.Krishnan per contra would insist that without any direction from this Court, the petitioner's life will not be safe. 3. Having considered the rival submissions addressed W. P. C. No.23970 of 2011 -3- at the Bar, we are of the view that the Writ Petition can be disposed of issuing the following directions:- 4. The 1st respondent will keep vigil over the petitioner and the party respondents as well as the property in question and ensure that the dispute between them do not give rise to any law and order situation. At any rate it should be ensured that no danger is caused to the life or limbs of the petitioner on account of this dispute. As for the relief sought for in respect of the property, we direct the petitioner to approach the court which is in seizin of Ext.P1 suit for appropriate reliefs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23970 of 2011 -4-