IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 29303 of 2011(K) -------------------------------- PETITIONER(S): ----------------- PATHROSE,AGED 49 YEARS, S/O.CHAKU, KACHAPPILLY HOUSE, P.O.AVINISSERY, THRISSUR BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001 2. THE CIRCEL INSPECTOR OF POLICE, AYYANTHOLE ,THRISSUR-680003 3. TH STATION HOUSE OFFICER,VIYYUR THRISSUR-680007 4. K.D.ASOKAN, ASSISTANT ENGINEER, S/O.DAMODHARAN ,KARANAYIL HOUSE, NELLAYI THRISSUR-PIN-680009 5. U.N.RAMACHANDRAN, S/O.NARAYANAN (LATE) UMMANVALAPPIL HOUSE,PALAKKAL, CHERPU, PALLISSERY P.O.,THRISSUR-PIN-680013 6. AJAYAN,S/O.PONNAN, SOORYA NAGAR, ADIYARA, RAMAVARMAPURAM P.O., THRISSUR PIN-680631 7. JITH,S/O.MURALI, VATTAVILA HOUSE, SOORYA NAGAR, ADIYARA ,RAMAVARMAPURAM P.O., THRISSUR PIN-680631 WP(C).No. 29303 of 2011(K) -2- 8. SAJEEVAN, S/O.THANKAPPAN, KUPPATTIL HOUSE,SOORYA NAGAR, ADIYARA ,RAMAVARMAPURAM P.O. THRISSUR PIN-680631 ADV. SRI.PAUL K.VARGHESE FOR R8 SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR SRI.M.R.VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29303 of 2011(K) APPENDIX PETITIONER'S EXTS EXT.P1:- A TRUE COPY OF THE RECEIPT DATED 02/07/11 ISSUED BY THE 3RD RESPONDENT FOR THE COMPLAINT FILED BY THE PETITIONER. EXT.P2:- A TRUE COPY OF THE RCEIPT DATED 22/07/11 ISSUED BY THE 3RD RESPONDENT ON RECEIVING THE COMPLAINT. EXT.P3:- A TRUE COPY OF THE COMPLAINT DATED 21/10/11 FILED BEFORE THE 3RD RESPONDENT. RESPONDENTS EXTS EXT.R5(a):- TRUE COPY OF THE FINAL REPORT DATED 19/02/09 IN CRIME 737/08 SUBMITTED BY THE S.I OF POLICE, CHERPU. EXT.R5(b):- TRUE COPY OF THE ORDER DATED 30/11/09 BY THE ASST. EXECUTIVE ENGINEER. EXT.R4(a):- TRUE COPY OF THE OFFICE ORDER DT.17/12/09 OF THE CHIEF ENGINEER, PWD //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.29303 of 2011 ------------------------------------------------ Dated this the 23rd day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who is a Driver of the road roller, in the Public Works Department has filed this Writ Petition seeking police protection for his life and limbs from respondents 4 to 8. Respondent No.4 is an Assistant Engineer of PWD. Respondent No.5 is described as Contractor of the PWD. Respondents 6 to 8 are described as notorious goondas of the locality. Detailed pleadings have been raised by the petitioner in the Writ Petition. The 5th respondent has filed a detailed counter affidavit producing Exts.R5(a) and R5(b) documents. The 5th respondent denies all the allegations raised by the petitioner in the Writ Petition and submits that the petitioner is guilty of suppression of material facts. The 4th respondent has also filed a detailed counter affidavit. The 4th respondent has produced Ext.R4(a), a copy of the order W. P. C. No.29303 of 2011 -2- issued by the Chief Engineer, PWD transferring the petitioner in public interest to a different section. 2. We have heard Sri.M.R.Venugopal, the learned counsel appearing for the 5th respondent in detail. We have also heard Sri.M.K.Aboobacker, the learned senior Government Pleader who addressed submissions on the basis of the instructions received from the official respondents. We have also heard Smt.Ranjanie for the 4th respondent. Having regard to the submissions addressed, the pleadings raised and the various materials placed on record, we are of the view that the relationship between the petitioner and respondent Nos.5 to 8 have been strained to a point of no return. The police have registered one crime against respondents 5 to 8 and another crime against the petitioner. We dispose of the Writ Petition directing the 3rd respondent Station House Officer, Viyyur to keep constant vigil over the petitioner and respondents 5 to 8 and to ensure by taking appropriate action at the appropriate time W. P. C. No.29303 of 2011 -3- that no law and order situation arises or erupts on account of the dispute between the petitioner and party respondents 5 to 8. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE