IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21479 of 2011(H) ------------------------------------- PETITIONER(S): -------------------- ABRAHAM.P., AGED 52, S/O.PHILIP, CHARUVILA VEEDU, KACHANI, VADAVANMURI, ANCHAL VILLAGE, PATHANAPURAM-691333. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME DEPARTMENT), SECRETARIATE, TRIVANDRUM. 695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, ANCHAL. 691 305. 4. MR.BABY, AGED 60, ISWARYA BHAVAN, AREEPLADY, VADAVANMURI, ANCHAL, PATHANAPURAM. 5. BABU, AGED 58, DENNIS VILLA, VADAVANMURI, ANCHAL, PATHANAPURAM. 6. PAUL BABU, AGED 29, S/O.BABU, DENNIS VILLA, VADAVANMURI, ANCHAL, PATHANAPURAM. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C0 NO.21479/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT DTD. 23.7.2011 OF THE 3RD RESPONDENT. P2:- PHOTOGRAPH OF THE PETITIONER'S PROPERTY. P3:- COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21479 of 2011 ------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. In this writ petition filed under Article 226, the petitioner seeks protection for his life. The allegation is that though Ext.P3 petition was submitted to the police complaining of apprehended danger from the part of party respondents, the police has not taken any action. Learned Government Pleader Smt.C.M.Charisma on the basis of instructions from the police submitted that, the allegation that the police has not taken any action on Ext.P3 is incorrect. According to her, the police has registered Crime No.766 of 2011 at Anchal Police station on the basis of the complaint and respondents 4 to 6 are the accused. Only one accused could be apprehended and the police are now trying to apprehend the other accused. Investigation is going on in full swing. She submitted further that the 2 W.P.(C) No.21479 of 2011 real dispute between the parties is over a pathway. That dispute is before the civil court. The civil court has already passed an order of injunction against the petitioner. Therefore, this Court can not pass any orders pertaining to the property. Counsel for the petitioner submitted that, what he wants only a direction to the party respondents for protection to his life. In this connection, the learned Government Pleader submitted that the petitioner is presently in Noida, New Delhi. In response to the above submission, the learned counsel for the petitioner submits that the petitioner has gone to Noida only for temporarily. Having regard to the submissions addressed at the Bar, we are inclined to dispose of this writ petition issuing the following direction :- The 3rd respondent who is investigating Crime No.766 of 2011 will conduct investigation thoroughly and file a final report at the earliest. If any further complaint is received from the petitioner complaining of danger to the life or 3 W.P.(C) No.21479 of 2011 limbs of the petitioner due to illegal actions from the part of respondents 4 to 6, the 3rd respondent will conduct immediate enquiry and take appropriate action as is warranted by the facts brought out in the enquiry. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/