IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 15905 of 2010(K) -------------------------- PETITIONER: --------------- MOHAMMED SIRAJ, S/O. IBRAHIM KUTTY MUSALIAR, RESIDING AT IMRAN SHAH, ADAYAMAN, THOLIKKUZHI, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENTS: --------------- 1. ABDUL GAFOOR, S/O. JAMAL MOHAMMED, KUZHIVILA VEEDU, NEAR K.S.R.T.C. BUS STAND, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KILIMANOOR,THIRUVANANTHAPURAM DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. G.P. SHRI T K VIPINDAS FOR R2 & 3 SRI.ALAN PAPALI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15905 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED IN THE NAME OF THE PETITIONER. EXT.P2 : TRUE COPY OF THE FIR AND FIS IN CRIME NO.833/ 2009 OF KADAKKAL POLICE STATION. EXT.P3 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a) : TRUE COPY OF THE DEED OF PARTNERSHIP ENTERED BETWEEN THE 1ST RESPONDENT AND THE PETITIONER ALONG WITH 4 OTHERS DT.14.3.2006. EXT.R1(b) : TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRM 'MARGIN FREE HYPER MARKET' ISSUED BY THE REGISTRAR OF FIRMS DT.20.3.2006. EXT.R1(c): TRUE COPY OF THE AGREEMENT DT.24.12.2007 ENTERED INTO BETWEEN THE PETITIONER, 1ST RESPONDENT AND MR. ABDUL HAKIM. // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 15905 of 2010 K - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order or direction, compelling respondents 2 and 3 to provide sufficient and adequate police protection to the life and property of the petitioner. ii) issue a writ of mandamus or other appropriate writ, order or direction compelling respondents 2 and 3 not to harass the petitioner based on the complaints having civil nature filed by the 1st respondent against the petitioner.” W.P.(C).No. 15905 of 2010 2 2. The learned counsel for the petitioner presses prayer No.1 before us. We have already passed an interim order in the matter. 3. A counter affidavit is filed, wherein the allegations raised in the Writ Petition are denied. The petitioner has filed a reply affidavit also. 4. Having regard to the apprehension raised by the petitioner and also taking note of the registration of the F.I.R. in Ext.P2 crime, we make the interim order absolute. We make it clear that we have not pronounced on the correctness of the various allegations raised by the petitioner and any forum where the matter comes up will deal with the matter untrammelled by anything contained in this judgment. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm