IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 19660 of 2011(F) -------------------------- PETITIONER(S): --------------- SHIBU.A.S., KANNATHY MANZI, KILIKOLLODU P.O., KATTAKADA-695 571. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. 3. THE CIRCLE INSPECTOR OF POLICE, KATTAKADA POLICE STATION, KATTAKADA-695 571. 4. THE SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION, KATTAKADA-695571. 5. SUJA, S/O.SAINULABDEEN, THAZHEVILA VEEDU KILLI, KOLLODE P.O., THIRUVANANTHAPURAM-695571. 6. BAIJU, S/O.MYNEENBAVA, THAZHEVILA VEEDU, KILLI, KOLLODE P.O., THIRUVANANTHAPURAM-695571. 7. ABDUL KHANI, THAZHEVILA VEEDU, KILLI, KOLLODE P.O., THIRUVANANTHAPURAM-695571. 8. BINDU, D/O.HAHARBHAN, THAZHEVILA VEEDU, KILLI, KOLLODE P.O., THIRUVANANTHAPURAM-695571. 9. BATHER, THAZHEVILA VEEDU,KILLI, KOLLODE P.O., THIRUVANANTHAPURAM-695571. 10. ASHRAF, THARUMBADU THADATHARIKATHU VEEDU KILLI,KOLLODE P.O., THIRUVANANTHAPURAM-695571. 11. BEENA,THARUMBADU THADATHARIKATHU VEEDU, KILLI,KOLLODE P.O., THIRUVANANTHAPURAM-695571. 12. SHAFI,THARUMBADU THADATHARIKATHU VEEDU, KILLI,KOLLODE P.O., THIRUVANANTHAPURAM-695571. 13. HAHARBHAN,THARUMBADU THADATHARIKATHU VEEDU,KILLI,KOLLODE P.O.,THIRUVANANTHAPURAM-695571 14. SHANAVAS,THARUMBADU THADATHARIKATHU VEEDU,KILLI,KOLLODE P.O.,THIRUVANANTHAPURAM-695571 15. DADINSA BHEEGOM, THARUMBADU THADATHARIKATHU VEEDU,KILLI,KOLLODE P.O THIRUVANANTHAPURAM-695571. ADV. SRI.G.P.SHINOD FOR R5-15 SRI.RAM MOHAN.G. FOR R5-15 BY GOVT.PLEADER SRI.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19660/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED OF THE PETITIONER. EXT.P2; COPY OF THE FIR IN CRIME NO.678/2011 REGISTERED BY THE KATTAKADA POLICE STATION. EXT.P3: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, KATTAKADA. EXT.P3(A): COPY OF THE RECEIPT ISSUED BY THE CIRCLE INSPECTOR OF POLICE, KATTAKADA. EXT.P4: COPY OF THE COMPLAINT DATED 5/7/2011 SUBMITTED BY THE PETITONER TO THE SUB INSPECTOR OF POLICE, KATTAKADA. EXT.P5: COPY OF THE COMPLAINT DATED 14/7/2011 TO THE SUPERINTENDENT OF POLICE, THIRUVANATHAPURAM RURAL. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 19660 OF 2011 ------------------------ Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition under Article 226, the petitioner complains that there is subsisting threat to his life from the respondents 5 to 15 and on that basis he seeks direction to grant adequate police protection for his life. The petitioner also seeks directions to respondents 2 to 4 -official respondents to take appropriate action on Exts.P3, P4 and P5 complaints filed by him. 2. As directed by us, Smt.C.M.Charisma learned Government Pleader obtained instructions from the Police Officer and she submitted that considering the complaint filed by the petitioner, Crime No.678/2011 (Ext.P2) has been registered arraying the respondents 5 to 15 as accused. She submitted further that based on the complaint submitted by the party respondents Crime No.675/2011 has been registered in the same police station arraying the petitioner and his father as accused. WPC.No.19660/2011 2 According to her, both the crimes are being throughly investigated and final report will be submitted on the basis of the investigation. She also submitted that essentially the dispute between the parties is over the properties and litigations are pending before the Civil Court also. 3. Sri.Ram Mohan appearing for the party respondents would practically endorse the submissions of the learned Government Pleader. According to him, essence of the dispute is over property. He also undertook before us that, from the part of his clients there will not be any threat to the life of the petitioner. 4. Sri.G.Sasidharan learned counsel for the petitioner submitted that for fear of death, the petitioner is unable to come back to his residential house. 5. Having considered the rival submissions addressed at the Bar as well as the materials available on record, we do not find any warrant for issuance of police protection directions sought for. The parties are directed to pursue the legal battle which they have already lodged in the competent civil court in respect of the property. As for the protection for life sought for, we WPC.No.19660/2011 3 direct the Station House Officer to keep vigil and ensure that no law and order situation arises on account of the dispute between the petitioner and the party respondents. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk