IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 35211 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------ M.K.VASAVAN, S/O.M.K.SHANKARA GUPTAN, KIZHAKKUMPURATH HOUSE, TRIPPALAMUNDA, PARASSERRY P.O., KONGAD, PALAKKAD DISTRICT. BY ADVS. SRI.M.KRISHNAKUMAR, SMT.PRABHA R.MENON. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD - 678 001. 2. THE CIRCLE INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD - 678 001. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD - 678 001. *ADDL.R4 TO R11 IMPLEADED: R4. SUKUMARAN, S/O. MANU @ KRISHNAN, BRANCH SECRETARY, CPI (M) RESIDING AT KARAYIL VEEDU, CHERAYA P.O., KONGAD, PALAKKAD. R5. VIJAYAN, S/O.VELAYUDHAN, BRANCH SECRETARY, CPI (M), RESIDING AT VADAKKE PATHINETTAM KANDAM, MAMPUZHA, PARASSERY, KONGAD, PALAKKAD. Kss ..2/- ..2... WPC.NO.35211/2010 B R6. P.A.GOKULDAS, S/O.APPUKUTTAN, CITU, DIVISION SECRETARY, RESIDING AT PANNIKKODE VEEDU, KONGAD, PALAKKAD. R7. RAMESH, S/O.RAMANKUTTY, UNIT JOINT SECRETARY, AUTO TAXI UNION, CITU, PARAKKAL HOUSE, THRIPPALAMUNDA PARASSERY, KONGAD, PALAKKAD. R8. VENUGOPALAN, S/O.KRISHNAN KUTTY NAIR, 'GOKULAM', BRANCH MANAGER CPI (M), PARASSERY, KONGAD, PALAKKAD. R9. BINESH,S/O.NARAYANAN, BRANCH SECRETARY, CPI (M), KUNNATH HOUSE, PARASSERY, KONGAD, PALAKKAD. R10. KRISHNAN KUTTY, S/O.PONNU, VILLAGE COMMITTEE JOINT SECRETARY, DYFI PALLIPPARAMBU HOUSE, PARASSERY, KONGAD, PALAKKAD. R11. PRATHAPAN, S/O.BHASKARAN, VICE PRESIDENT, VILLAGE COMMITTEE , DYFI KARIYAKOVIL HOUSE, TRIPPALAMUNDA, PARASSERY, KONGAD, PALAKKAD. *ADDL.RESPONDENTS 4 TO 11 ARE IMPLEADED AS PER ORDER DTD. 20/01/2011 IN I.A.NO.861/2011. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS ADDL.R4 TO R11 BY ADVS. SRI.N.RAGHURAJ, SMT.K.AMMINIKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35211/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DTD. 12/05/2010 FILED BY THE PETITIONER. P2: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE ON 13/05/2010. P3: COPY OF THE DISCHARGE SUMMARY FROM THE PAALANA HOSPITAL, PALAKKAD DTD. 6/11/2010. P4: COPY OF THE FIR IN CRIME NO.406/2010 OF THE KONGAD POLICE STATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.35211 of 2010 ------------------------------------------- Dated this the 14th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions to respondents 1 to 3 to afford police protection for the petitioner against threat to his life and person. Initially, the persons from whom the petitioner perceive threats were not arrayed as respondents. But, subsequently, respondents 4 to 11 have been impleaded as parties to this petition. 2. They have been served. Party respondents 4 to 11 have entered appearance. They have not filed any counter affidavit. 3. When the matter came up for hearing on 24.11.2010, the following interim order was passed by the Bench which dealt with the matter. “G.P. to get instructions in the matter. Call on 30.11.2010. In the meantime, there will be an interim order directing respondents 1 and 2 to afford necessary police protection to the life of the petitioner, for two weeks.” WPC No.35211/2010 2 The said interim order has been extended from time to time and remains in force even now. 4. Today when the matter came up for hearing, the learned counsel for respondents 4 to 11 submits that respondents 4 to 11 have no intention in any manner to pose any threat or danger to the life and person of the petitioner. In these circumstances, they have no objection if the interim order dated 24.11.2010 is made absolute, submits the learned counsel. The learned Government Pleader, after taking instructions from respondents 1 to 3, submits that the interim order dated 24.11.2010 has been implemented scrupulously from that date. The learned Government Pleader accepts the request of the learned counsel for the petitioner that the interim order can be made absolute and the proceedings can now be closed. 5. We are satisfied that the request of the learned counsel for the petitioner as conceded by the counsel for respondents 4 to 11 and as agreed by the learned Government Pleader can be accepted. 6. In the result, a) This petition is allowed. WPC No.35211/2010 3 b) The interim order dated 24.11.2010 extracted above is made absolute. c) The petitioner, if he perceives any threat from respondents 4 to 11, shall be at liberty to apply to respondents 1 and 2 who shall thereupon afford necessary protection. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/