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 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 16863 of 2010(G) --------------------------------------- PETITIONER(S): ------------------------- SATHEESAN, AGED 40 YEARS, S/O.KUNHIKANARAN, CHAMAVALAPPIL HOUSE, ULLIYERI AMSOM, ULLUR, KUNNATHARA P.O. KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ, SMT.K.K.PREETHA, SRI.MANJERI SUBIN SUNDER RAJ. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR (KOZHIKODE), CIVIL STATION, KOZHIKODE. 2. SUPERINTENDENT OF POLICE (RURAL), SP'S OFFICE, VATAKARA, KOZHIKODE. 3. STATION HOUSE OFFICER, ATHOLI POLICE STATION, ATHOLI, KOZHIKODE. 4. STATION HOUSE OFFICER, KOYILANDY POLICE STATION, KOYILANDY, KOZHIKODE. * SUPPLEMENTAL RESPONDENTS 5 TO 9 IMPLEADED SUPPL. R5: SHAJU, AGED 35 YEARS, S/O.KUTTIPARU AMMA, CHEMBRAKANDI VEEDU, ULLUR, P.O. KUNNATHARA, KOYILANDY, KOZHIKODE-685 615. SUPPL. R6: RAMESAN, AGED 40 YEARS, S/O.CHEKKINI, KURUNGOTTUTHURUTHI, ULLOR, KUNNATHARA, KOYILANDY, KOZHIKODE-685 615. WP(C).No. 16863 of 2010(G) SUPPL. R7: MADHU, AGED ABOUT 30 YEARS, S/O.BALAN, KIZHAKKEPPATT HOUSE, NADERI POST, KAVUNTHARA, KOYILANDY, KOZHIKODE-685 615. SUPPL. R8: MAHESH, AGED ABOUT 28 YEARS, S/O.BALAN, KIZHAKKEPPATT HOUSE, NADERI POST, KAVUNTHARA, KOYILANDY, KOZHIKODE-685 615. SUPPL. R9: CHEMBRAKANDI BIJU, AGED 30 YEARS, CHEMBRAKANDI HOUSE, KUNNATHARA, KOYILANDY, KOZHIKODE-685 615. * ARE IMPLEADED AS SUPPLEMENTAL RESPONDENTS 5 TO 9 AS PER ORDER DATED 15/07/2010 IN I.A. NO.7811/2010. R1 TO R4 BY GOVT. PLEADER MR.T.K. VIPINDAS. ADDL.R5 TO R9 BY ADV. SRI.P.R.SREEJITH, SRI.M.PROMODH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16863 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR NO.50/2010 ATHOLI POLICE BY PETITIONER SATHEESAN (INDIAN ARMY PERSONNEL). EXT.P2: COPY OF THE FIR NO.148/2010 KOYILANDY POLICE BY PETITIONER'S WIFE NISHA, INSTRUCTOR, FIRE & SAFETY INSTITUTE, QUILANDY. EXT.P3: COPY OF THE WRITTEN COMPLAINT TO DISTRICT COLLECTOR, KOZHIKODE BY PETITIONER'S WIFE. EXT.P4: COPY OF THE HOSPITAL DISCHARGE NOTE OF NISHA FROM MILITARY HOSPITAL, KANNUR. EXT.P5: COPY OF THE HOSPITAL DISCHARGE NOTE OF THE PETITIONER SATHEESAN FROM MILITARY HOSPITAL, INSH SANJIVINI, KOCHI. EXT.P6: COPY OF THE MOVEMENT ORDER OF STHEESAN. EXT.P7: COPY OF THE REQUEST LETTER FROM PETITIONER TO S.P. (RURAL- KOZHIKODE) AT VATAKARA. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 16863 OF 2010 ------------------------ Dated this the 3rd day of October, 2011 JUDGMENT Pius C.Kuriakose, J. In the circumstances noticed, service of notice to 7th respondent is dispensed with. According to us, the interest of 7th respondent in the subject matter of the writ petition is represented adequately by other respondents who have already entered appearance. 2. In this writ petition under Article 226 seeking police protection, the learned Government Pleader submitted on the basis of the instructions that enquiry was conducted into the complaint submitted by the petitioner and the police have registered crime Nos.148/2010 in the Atholi Police Station and 149/2010 in the Koyilandy Police Station. Crime No.148/2010 was investigated and it was found that the complaint was false. In the crime registered by Koyilandy Police Station investigation was completed and final report was submitted and charge sheet lodged before the court is now pending as C.C. No.350/2010 before the Judicial First Class Magistrate Court, Koyilandy. WPC NO.16863/2010. .2. 3. Sri.P.R.Sreejith learned counsel appearing for respondents 8 and 9 submits that his clients are not at all involved in the issue. They are not accused in C.C. No.350/2010. However, having regard to the submissions of the learned Government Pleader and those of Sri.Manjeri S.Sunder Raj learned counsel for the petitioner, we are of the view that this writ petition can be disposed of in the following terms; 3. Respondents 3 and 4 will keep vigil over the petitioner as well as the party respondents and the area where they reside to ensure, by taking appropriate action on the basis of facts revealed in the enquiry to be conducted into the complaint which may be received in future, that no law and order situation arises on account of the dispute between the petitioner and the party respondents. It should be ensured that no danger is caused to the lives of the petitioner as well as the party respondents due to the dispute between them. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk