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 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 19051 of 2011(F) -------------------------- PETITIONER(S): --------------- DR. ABRAHAM RAJAN MATHEWS, RAJAN COTTAGE, ANJALITHANAM MURI, K0NNAMTHANAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, MALLAPPALLY,PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, CHANGANCHERRY, KOTTAYAM. 4. LILLIKUTTY JACOB, CHELANILKUNNATHIL HOUSE, ELANTHOOR P.O., PATHANAMTHITTA, PIN-689 643. ADV. SRI.SIJO GEORGE FOR R-4 SMT.CHARISHMA, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 19051 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE PLAINT IN OS 641 OF 2010 BEFORE THE SUB COURT, KOTTAYAM EXT.P2:- COPY OF THE WRITTEN STATEMENT IN OS 641/2010 BEFORE THE SUB COURT, KOTTAYAM EXT.P3:- COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT ON 28.6.2011 EXT.P4:- COPY OF THE MEDICAL CERTIFICATE DTD 20.9.2010 ISSUED FROM THE CARDIAC SURGERY INTENSIVE CARE UNIT OF ST.PAUL'S HOSPITAL, VANCOUVER EXT.P5:- COPY OF THE COMPLAINT DTD 7.7.2011 EXT.P6:- COPY OF THE COMPLAINT SUBMITTED BEFOE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- W.P.(C)No.19051 OF 2011 --------------------------------------------- Dated this the 15th day of July, 2011 JUDGMENT PIUS C. KURIAKOSE ,J. On considering this writ petition for admission, this Court on 13.07.2011 passed the following interim order:- “We have heard Sri.Jacob P.Alex, the learned counsel for the petitioner. He makes out a strong prima facie case for passage of interim order. Admit. Issue notice by special messenger to all the respondents. In the meanwhile, the learned Government Pleader will take instructions from respondents 1 and 2 regarding the correctness of the allegations contained in this writ petition. Having regard to the strong prima facie case noticed, there will be an interim order directing respondents 1 and 2 and police officers under them to provide effective and adequate protection for the peaceful life of the petitioner in “Rajan Cottage, Anjalithanam Muri, Kunnamthanam Village, Mallappally Taluk, Pathanamthitta” and also in the matter of the petitioner going over to Kottayam town for giving evidence before the Kottayam Sub Court in Ext.P1 suit (O.S.No.641 of 2010) and also in the matter of the petitioner giving evidence in the above suit for a period of seven days from today.” 2. Sri.Jacob P.Alex, learned counsel for the petitioner submitted that pursuant to the above interim order, the police is W.P.(C)No.19051 OF 2011 2 presently giving protection. Adv.Sri.Sijo George, the learned counsel appearing for the fourth respondent sought time to file counter affidavit. We enquired of him whether his client has any intention to obstruct the petitioner from giving evidence in the trial court and residing in his building. Answer was in the negative. In these circumstances, we are of the view that the interim order dated 13.07.2011 grants to the petitioner all reliefs he can legitimately aspire for in the present writ petition. We confirm that interim order. The interim order dated 13.07.2011 is made absolute and the writ petition is disposed of accordingly. PIUS C. KURIAKOSE JUDGE. C.K.ABDUL REHIM JUDGE dmb