IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 14356 of 2011(T) -------------------------------- PETITIONER(S): ----------------- K.M.SRINIVASA BHAT,AGED 68 YEARS, S/O.PURUSHOTHAMA BHAT,R/AT MELINA PANJE HOUSE, BAYAR PO,BAYAR VILLAGE 671 348,KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN RESPONDENT(S): ------------------- 1. SUPERINTENDENT OF POLICE KASRAGOD DISTRICT,KASARAGOD 671 123. 2. THE SUB INSPECTOR OF POLICE, MANJESHWAR,KASARAGOD DISTRICT 671 123. 3. MOHAMMED.C, S/O.PALLIKUHI,MELINAPANJE HOUSE, BAYAR VILLAGE AND POST,NOW R/AT CHERAL PO, BAYAR VILLAGE BAYAR,KASARAGOD TALUK AND DISTRICT 671 348. 4. JUBY.C.JUSTINE,S/O.C.A.VARGHESE, R/AT DOOR NO.E.P.X/150,CHANCKLOYIL HOUSE, ERUVASSERY VILLAGE,PO NELLIKUTHY 670 632, TALIPARAMBA TALUK AND KANNUR DISTRICT-670632. 5. JUNNU JOHN,W/O.JUBY C.JUSTINE, R/AT DOOR NO.E.P.X/150,CHAMACKLOYIL HOUSE, ERUVASSERY VILLAGE,PO NELLIKUTHY 670 632, TALIPARAMBA TALUK AND KANNUR DISTRICT-670632 WP(C).No. 14356 of 2011(T) -2- 6. ANIL KURIYAN, S/O.T.J.KURIAN, DOOR NO.E.P.X/467,THATTAPARAMBIL HOUSE, ERUVASSERY VILLAGE, TALIPARAMBA , KANNUR DISTRICT 670 522. 7. THRESSIAMMA.K.A, W/O.JOSE AUGUSTINE, PULICKAKUNNEL HOUSE,ERUVASERY VILLAGE PO, NELLIKUTHY,TALIPARAMBA TALUK, KANNUR DISTRICT 670 632. ADV. SRI.V.A.SATHEESH FOR R4-7 SRI.V.T.MADHAVANUNNI FOR R4-7 SRI.V.SIVAKUMAR FOR R4-7 SRI.P.B.KRISHNAN FOR R-3 SMT.GEETHA P.MENON FOR R-3 SRI.P.B.SUBRAMANYAN FOR R-3 SRI.R.SURAJ KUMAR FOR R-3 GOVT. PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14356 of 2011(T) -3- APPENDIX PETITIONER's EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT DATED 15/08/08 OF THE PETITIONER TO 2ND RESPONDENT. EXT.P2:- TRUE COPY OF THE COMPLAINT DATED 17/08/08 OF THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3:- TRUE COPY OF THE COMPLAINT DT.04/11/08 OF THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4:- TRUE COPY OF THE COMPLAINT DT.14/03/09 OF THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE WITH COPIES TO RESPONDENTS 1 AND 2. EXT.P5:- TRUE COPY OF THE COMPLAINT DT.13/12/09 OF THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6:- TRUE COPY OF THE COMPLAINT DT.11/02/11 OF THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXTS EXT.R(3)A:- DATED 08/02/10 TRUE COPY OF THE COUNTER FILED BY RESPONDENT NO.3 BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY, KASARAGOD IN L.A.9/10. PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.14356 of 2011 ------------------------------------------------ Dated this the 4th day of July, 2011 JUDGMENT Pius C. Kuriakose, J In this revision under Article 226, the petitioner seeks police protection for his life and property from the third respondent. It is conceded that the third respondent who was previously owning properties near to that of the petitioner has sold his right over those properties to respondents 4 to 7. But the allegations of the petitioner is that notwithstanding the sale, it is the 3rd respondent who is causing difficulties to him in the matter of enjoyment of his property, purporting to be the agent of respondents 4 to 7. The third respondent has filed a counter affidavit before this Court. In paragraph 11 of the counter affidavit what he has stated is as follows:- “None of the incidents as alleged in paragraphs 7 to 12 of the Writ Petition took place. I have no intention to cause any harm to the petitioner or to his property. In fact, because of the harassment meted out to me by the petitioner, I have sold my entire property to respondents 4 to 7. Therefore, I have absolutely no interest in the properties which had been purchased by me as above and with the sale to respondents 4 to 7, I have ceased to have any interest W. P. C. No.14356 of 2011 -2- in the acrimonious litigations and complaints vigorously pursued by the petitioner before several forums.” Sri.K.Shri Hari Rao, the learned counsel for the petitioner submitted that it will suffice that this Court records the above quoted paragraph 11 and dispose of the Writ Petition accordingly giving liberty to the petitioner to approach the police if what the third respondent has stated therein is violated by him. Accordingly, we record the above quoted paragraph 11 and dispose of this Writ Petition declining the reliefs sought for. But we make it clear that if necessary, it will be open to the petitioner to approach the police authorities for adequate assistance when the 3rd respondent violates his assurance to this Court and there is real threat to his life or his property. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- W. P. C. No.14356 of 2011 -3-