IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 10543 of 2011(P) -------------------------- PETITIONER(S): --------------- P.S.GOPIKUTTAN NAIR, S/O.LATE K.SIVARAMA PANICKER, MANI NIVAS, PONKUNNAM PO, CHIRAKKADAVU, KANJIRAPPALLY TALUK. BY ADV. SMT.GIRIJA.L. SMT.SAJITHA.S.DHARAN RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE LAW AND ORDER, OFFICE OF THE DIRECTOR GENERAL OF POLICE,LAW AND ORDER, THIRUVANANTHAPURAM 695 001. 2. DEPUTY SUPERINTENDENT OF POLICE KANJIRAPPALLY 686 507. 3. CIRCLE INSPECTOR OF POLICE PAMPADY POLICE STATION, KOTTAYAM 686 502. 4. SUB INSPECTOR OF POLICE PAMPADY POLICE STATION, KOTTAYAM 686 502. 5. SHIBU P MATHEW, S/O.MATHEW PULLOLICKAL HOUSE, KOTHALA PO PAMPADY KOTTAYAM DISTRICT 686 502. ADV. SRI.PHILIP T.VARGHESE FOR R5 SRI.THOMAS T.VARGHESE FOR R5 GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- W.P.(C) No.10543 of 2011 ----------------------------------------------- Dated 19th April, 2011. J U D G M E N T Siri Jagan, J. The petitioner claims to be the owner in possession of certain immovable properties. Alleging that the 5th respondent has trespassed into the properties, the petitioner has filed O.S.No.45/10 before the Munsiff Court, Kottayam. The petitioner now submits that petitioner and his workmen are not in a position to do tapping work in the property because of the threat caused by the 5th respondent to the petitioner and his workers. The petitioner has therefore, filed this writ petition, seeking the following reliefs : (i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1 to 4 to afford sufficient police protection to the life of the petitioner, so as to secure the ends of justice. (ii) Issue such other reliefs, as this Hon'ble Court deem fit and proper under the facts and circumstances of the case. 2. The 5th respondent appears through counsel and submits that there was no instance of any wrong doing by the WPC 10543/11 2 5th respondent against the petitioner or his workmen. According to the 5th respondent, this writ petition itself is a ruse of the petitioner to bring in the police to coerce the 5th respondent for agreeing to the demands of the petitioner. 3. Learned Government Pleader submits that respondents 1 to 4 have not interfered with the matter and has only referred the parties to the civil court. Having heard both sides, this writ petition is disposed of with the following directions : The undertaking of the 5th respondent that 5th respondent himself or through anybody else will not cause any threat to the life of the petitioner is recorded. If contrary to the undertaking, any action comes from the 5th respondent, respondents 1 to 4 shall see that such action is promptly averted, on a complaint from the petitioner. But, under cover of the above order, respondents 1 to 4 shall not interfere with WPC 10543/11 3 the civil dispute between the petitioner and the 5th respondent. Sd/- S.SIRI JAGAN, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.