IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23079 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. NASEEMA,PROPRIETOR, M/S.ARAFA MARKETING 13/712 MAXWIN BUILDING KOCHANGADI ,KOCHI-5,HAVING ITS GODOWN AT JENATH APARTMENT,AMBATTUKAVU,ALUVA 2. SHAJIL AHAMED, AGED 32 YEARS, S/O.AV AHAMEDKUTTY, MANAGER, M/S.ARAFA MARKETING 13/712 MAXWIN BUILDING, KOCHANGADI ,KOCHI-5,HAVING ITS GODOWN AT JENATH APARTMENT,AMBATTUKAVU,ALUVA BY ADV. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, (RURAL)ALUVA, 2. THE CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA 3. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA 4. SHIYAS, AGED 32,S/O.MARIKKAR, VADAPALLIL AMABTTUKAVU, ALUVA, 5. ANWAR,S/O.KUNJUMOHAMMED, AGED 28 YEARS, VADAPALLIL,AMBATTUKAVU,ALUVA 6. SHIVA PRASAD, S/O.APPU, AGED 40, MUNDETHUPARAMBU, AMBATTUKAVU, ALUVA ADV. SRI.JOICE GEORGE FOR R4 & 6 BY GOVT.PLEADER SMT.C..CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23079/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE DISCHARGE SUMMARY. EXT.P2: COPY OF THE REPRESENTATION DATED 18/8/2011 BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE FIR NO.2287/11. EXT.P4: COPY OF THE COMPLAINTALONG WITH THE POSTAL RECEIPT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. ------------------------ W.P.(C).No. 23079 OF 2011 ------------------------ Dated this the 31st day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition seeks police protection to the lives of the petitioners and for the articles stored in their godown and also in the matter of bringing vehicles and parking vehicles in front of their godown. Another relief sought for in this writ petition is that the police officer be directed to take appropriate action on the basis of Ext.P3 and P4 complaints. 2. On considering this writ petition for admission, this court on 24/8/2011 issued the interim order in the following terms; " Issue notice on admission by special messenger to respondents 4 to 6. The Government Pleader takes notice on behalf of respondents 1 to 3. The Government Pleader will seek instructions from the Sub Inspector of Police (3rd respondent) as to what is the status of the investigation pursuant to Ext.P3 FIR. 2. Considering the appealing submissions of Mr.Ziyad Rahman, learned counsel for the petitioners, we are inclined to issue an interim order in the following terms; The 3rd respondent will immediately go over to the place where the godown of the petitioners is situated and conduct an enquiry as to whether the petitioners' allegation that there is threat to their lives from respondents 4 to 6 is correct. If the enquiry reveals that the allegation is correct, he will do the needful so as to protect the lives of the petitioners from any danger on account of respondents 4 to 6. Post on 31/8/2011." WPC.No.23079/2011 2 3. Sri.Lal.K.Joseph learned counsel for the petitioners requested that the above interim order be continued. The learned counsel for the party respondents submitted that the petitioners are parking their vehicles in such a manner as to obstruct ingress and egress to the party respondents' residence. The petitioners should not be allowed to do this under the cover of the protection order issued by this court. 4. Having considered the submissions addressed at the Bar, we are of the view that the interim order dated 24/8/2011 which we have already quoted can be continued. We continue the same. However, we make it clear that the above interim order will not enable the petitioners to park the vehicles in front of the residential house of the party respondents in such a manner as to obstruct the ingress and egress to the properties of the party respondents. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE P.BHAVADASAN,JUDGE. dpk WPC.No.23079/2011 3 WPC.No.23079/2011 4 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 23079 OF 2011 ------------------------ Dated this the 24th day of August, 2011 O R D E R Pius C.Kuriakose, J. Issue notice on admission by special messenger to respondents 4 to 6. The Government Pleader takes notice on behalf of respondents 1 to 3. The Government Pleader will seek instructions from the Sub Inspector of Police (3rd respondent) as to what is the status of the investigation pursuant to Ext.P3 FIR. 2. Considering the appealing submissions of Mr.Ziyad Rahman, learned counsel for the petitioners, we are inclined to WPC.No.23079/2011 5 issue an interim order in the following terms; The 3rd respondent will immediately go over to the place where the godown of the petitioners is situated and conduct an enquiry as to whether the petitioners' allegation that there is threat to their lives from respondents 4 to 6 is correct. If the enquiry reveals that the allegation is correct, he will do the needful so as to protect the lives of the petitioners from any danger on account of respondents 4 to 6. Post on 31/8/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk