IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10293 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ SASIDHARAN, AGED 65 YEARS, S/O.KUNJAN, MANAGING PARTNER, M/S.PALACE HEIGHTS, NARMADA SHOPPING COMPLEX, KOWDIAR, THIRUVANANTHAPURAM. BY ADVS. SRI.M.R.ANANDAKUTTAN, SRI. M.A. ZOHRA, SRI. R.S.MADHU, SRI.MAHESH ANANDAKUTTAN. RESPONDENT(S): --------------------------- 1. THE ASST.COMMISSIONER OF POLICE, CITY POLICE COMMISSIONER'S OFFICE, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, PEROORKADA, THIRUVANANTHAPURAM-695 005. 3. DR.BALARAMAN, MANAGING PARTNER, NARMADA SHOPPING COMPLEX, KOWDIAR, THIRUVANANTHAPURAM-695 005. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10293/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMPLAINT BEFORE THE 2ND RESPONDENT BY THE PETITIONER ON 27/02/2010. P2: COPY OF RECEIPTS ISSUED RECEIVING ADVANCE COLLECTION OF REVENUE LINCENCE FOR 2010-2011 ON 24/02/2010. P3: THE ADVOCATE COMMISSION REPORT IN O.S.2225 OF 2009. P4: COPY OF THE ORDER APPOINTING THE ADVOCATE COMMISSIONER IN CMP.NO.474/2010 IN CMP. 473/2010. P5: COYP OF COMMISSION REPORT IN CMP.NO.474/2010 IN CMP.473/2010. P6: COPY OF PRIVATE COMPLAINT. P7: COPY OF REPRESENTATION DTD. 3/3/2011 AND POSTAL RECEIPT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 10293 OF 2011 J ----------------------------------------------------------- Dated this the 7th April, 2011. JUDGMENT Basant, J. Petitioner has come to this Court seeking issue of directions under Art.226 to respondents 1 and 2 to afford protection for the life and person of the petitioner against apprehended contumacious, culpable and violent conduct on the part of the third respondent. 2. Petitioner claims to be tenant of premises in a shopping complex. The third respondent is said to be the owner of the shopping complex. There are disputes between the petitioner on the one hand and shopping complex owners on the other side. Petitioner has already approached the civil court. Interim directions to maintain status quo has been issued by the civil court. The petitioner does not seek any directions from the court regarding the civil disputes between the parties. Civil court is already in seizin of the dispute and appropriate directions shall be sought from the civil court. WPC 10293/2011 2 3. The grievance of the petitioner is that the petitioner, an affluent and influential person is indulging and threatening to indulge in contumacious, culpable and violent conduct against the petitioner. Because of the animosity arising from the civil disputes between the parties third respondent is indulging in such conduct. Appropriate directions for police protection may in these circumstances be issued it is prayed. 4. Third respondent has entered appearance. Learned counsel for the third respondent submits that the allegations are totally untrue and incorrect. Petitioner wants to arm himself with an order of police protection to vex and harass the third respondent. The third respondent categorically undertakes to abide by the decisions of the civil court. Petitioner may not be permitted to arm himself with any order of police protection to prejudice the interests of the third respondent in the civil dispute. It may be recorded that the third respondent categorically undertakes that he shall not indulge in any contumacious and violent conduct against the petitioner, submits counsel. WPC 10293/2011 3 5. We turned to the learned Govt. Pleader for submissions. The learned Govt. Pleader submits that in the perception of the police officials there is no threat to the life or person of the petitioner from the third respondent. It is true that the parties have a civil dispute. It is true that they have been making allegations and counter allegations. The police shall ensure that there is no threat of physical violence to either from the other. No specific directions under Art.226 are in these circumstances necessary submits the learned Govt. Pleader. 6. We record and accept the submissions of the learned counsel on behalf of the third respondent. We record and accept the submissions of the learned Govt. Pleader on behalf of respondents 1 and 2. We are not persuaded to accept that there is any threat to the person or life of the petitioner. However, we accept the submission of the learned Govt. Pleader that in the event of any such threat respondents 1 and 2 shall take necessary action. If there be any violation of the undertaking of the third respondent we expect respondents 1 and 2 to take necessary action as undertaken by the learned Govt. Pleader. WPC 10293/2011 4 No specific directions appear to be necessary in these circumstances. This writ petition is in these circumstances dismissed accepting the submissions of the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10293/2011 5