IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 14888 of 2010(I) ------------------------------------- PETITIONERS: --------------------- 1. SOMARAJ, S/O.JOHNKUTTY, AGED 73, PLAVILA VEETTIL, PERINGOTTUKONATHU, PALLICHAL DESOM, PALLICHAL PAKUTHY. 2. SANTHA, D/O.JAINY, AGED 63, PLAVILA VEETTIL, PERINGOTTUKONATHU, PALLICHAL DESOM, DO., PAKUTHY. BY ADV. SRI.R.T.PRADEEP. RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. 3. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM. 4. J.S.DAS ALIAS CHELLAKUNJU, VADAKKUMKARA PUTHEN VEETTIL, VALIAVILA, VALLOTTUKONAM PALLICHAL DESOM, PALLICHAL PAKUTHY, 5. VIJAYAN, S/O.PONNU NADAR, RESIDING IN FRONT OF SCHOOL AT NARUVAMOODU, PALLICHAL DESOM, DO. PAKUTHY. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R4 & R5 BY ADV. SRI.R.GOPAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14888/2010-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN O.S. 563/1986 OF FIRST ADDL. MUNSIFF'S COURT, NEYYATTINKARA DTD. 25/09/1987. EXT.P.2: COPY OF THE DECREE IN O.S. 563/86 DTD. 26/09/87 OF DO. EXT.P.3: COPY OF THE REPRESENTATION DTD. 09/05/2010 FILED BY PETITIONERS BEFORE R.3. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE OTTAKUZHIKONAM DEED NO.2104/63 OF BALARAMAPURAM SUB REGISTRY OFFICE DTD. 20/03/1963. EXT.R4.B: COPY OF THE SETTLEMENT DEED NO.723/86 DTD. 17/03/1986 OF BALARAMAPURAM SUB REGISTRY OFFICE. EXT.R4.C: COPY OF THE TAX RECEIPTS DTD. 12/04/2000 ISSUED BY VILLAGE OFFICER, PALLICHAL VILLAGE. EXT.R4.D: COPY OF THE AGREEMENT FOR SALE DTD. 21/02/2010 ENTERED BY THE R.5. AND KANAKAMANI ETC., EXT.R4.E: COPY OF THE TAX RECEIPT DTD. 17/05/2010 ISSUED BY THE VILLAGE OFFICER, PALLICHAL VILLAGE. EXT.R4.F: COPY OF THE AGREEMENT FOR SALE DTD. 24/04/2010 IN BETWEEN SANTHOSH KUMAR AND ALPHONSA ETC. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 14888 OF 2010 ============================ Dated this the 23rd day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioners have approached this court seeking the following:- “To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to afford adequate and effective police protection to the life and property of petitioners from the acts of violence of respondents 4 and 5 and their henchmen”. 2. The case of the petitioners in brief is as follows. Petitioners are husband and wife residing in a house situated in an extent of 2 acres 39 cents. Respondent No.4 is the brother of the petitioner. Respondent No.5 is a goon hired by respondent No.4. Ext.P1 is the judgment by the learned Munsiff and Ext.P2 is the decree. According to them, there is threat. Petitioners filed complaint. A counter affidavit is filed. Wpc 14888/2010 2 3. We heard the learned counsel for the petitioner, learned counsel for the party respondents and learned Government Pleader. Learned counsel for respondents 4 and 5 would submit that they have never made any attempt to threaten the petitioners and they have no intention to cause any threat. We record this undertaking given on behalf of respondents 4 and 5 and close the writ petition. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk