IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 38197 of 2010(Y) ------------------------- PETITIONER : -------------------- CYRIAC MATHEWS, S/O.T.K.MATHEW, THACHANKARI HOUSE, KINAVOOR, NALANCHIRA PO, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.BIJU BALAKRISHNAN SRI. NELLIMOODU UDYKUMAR SMT. V.K. AMBIKA RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION,THIRUVANANTHAPURAM-695 101. 3. SONY MATHEW, S/O.T.K.MATHEW, HOUSE NO.56, SANTHOSH MITHRA LANE, KERALATHITHYAPURAM, MANNANTHALA, THIRUVANANTHAPURAM-695 130. R1 & R2 BY GOVT. PLEADER SMT. CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 38197 of 2010(Y) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOSTAT COPY OF THE COMPLAINT DT. 17-12-2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:38197 OF 2010 Y ----------------------------------------------------------- Dated this the 6th January, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions to respondents 1 and 2 to afford police protection to him against the illegal contumacious, culpable and violent acts of respondent No:3 who is none other than the brother of the petitioner. Third respondent has been served. There is no appearance for the third respondent. The learned Govt. Pleader on behalf of respondents 1 and 2 submits that the third respondent was questioned by the police and the third respondent has undertaken that he shall not indulge in any violent acts against the petitioner. It is further seen that when the matter came up on 22/12/2010 an interim order was passed by the Bench and it was directed that: “There will be an interim order directing the second respondent to provide sufficient police protection to the life of the petitioner as against any threat from the third respondent for two weeks.” WPC 38197/2010 2 2. The learned Govt. Pleader submits that respondents 1 and 2 do not perceive any threat to the life of the petitioner from the third respondent. The interim order passed on 22/12/2010 can be made absolute and further proceedings can be discontinued, submits the learned Govt. Pleader. 3. We accept the submission of the learned Govt. Pleader. This writ petition in these circumstances is allowed in part to the above extent. If there be any threat against the life or person of the petitioner, petitioner shall be at liberty to complain to respondents 1 and 2 who if satisfied about the genuineness of the complaint shall afford necessary protection to the petitioner. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 38197/2010 3