IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 23855 of 2009(B) -------------------------------------- PETITIONER(S): ---------------------- 1. SRI.M.GOKULAPALAN, S/O.LATE KUMARAN, AGED 58 YEARS, MUNDAKKATTU HOUSE, PARIAPURAM VILLAGE, TANUR P.O., MALAPPURAM DISTRICT. 2. SMT.SHYLAJA GOKULAPALAN, W/O.GOKULAPALAN, MUNDAKKATTU HOUSE, PARIAPURAM VILLAGE, TANUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, MALAPPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 4. SRI.JAYACHANDRAN, MANGALATHU VEEDU, NEAR PARIYAPURAM GANAPATHY TEMPLE, PARIYAPURAM P.O., TANUR, MALAPPURAM DISTRICT. 5. SRI.ERANJIKKAL SREDDHARAN, ERANJIKKAL HOUSE, KIZHAKKE MUKKOLA, TANUR P.O., MALAPPURAM DISTRICT. 6. SRI.RAJAN, THAYYILPARAMBIL, NEAR KALARIPPADI BUS STOP, TANUR P.O., MALAPPURAM DISTRICT. 7. SRI.VELAYUDHAN, PORAVANCHERI VEEDU, NEAR KALARIPPADY BUS STOP, TANUR P.O., MALAPPURAM DISTRICT. 8. SRI.VASU, VEETATHIL VEEDU, NEAR KALARIPPADY BUS STOP, TANUR P.O., MALAPPURAM DISTRICT. 9. SRI.SHIJU, NELLAKULATHU, NEAR KALARIPPADY BUS STOP, TANUR P.O., MALAPPURAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 & 6 TO 9 BY ADV. SRI.T.G.RAJENDRAN R5 BY ADV.SRI.N.NAGARESH SRI.T.V.VINU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23855 of 2009(B) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE POSSESSION CERTIFICATE NO.463/09 DATED 10.8.2009 IN RESPECT OF THE RELEVANT 2.17 ACRES OF LAND IN PARIYAPURAM VILLAGE TIRUR TALUK. EXT.P1A. TRUE COPY OF THE CERTIFICATE DATED 10.8.2008 AS TO PAYMENT OF LAND TAX ISSUED BY THE VILLAGE OFFICER, PARIYAPURAM. EXT.P2. TRUE COPY OF THE JDUGMETN IN WPC 16839/2004. EXT.P3.TRUE COPY OF THE REPRESENTATION DATED 21.7.2007 SUBMITTED BEFORE THE AGRICULTURAL OFFICER TANUR. EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 18.12.2007 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE COLLECTOR, MALAPPURAM. EXT.P5.TRUE COPY OF THE COMMUNICATION DATED 18.7.2008 ISSUED BY THE ADDITIONAL SECRETARY, CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESSAL CELL. EXT.P6.TRUE COPY OF THE FIR IN CRIME NO.290/2008 AGAINST RESPONDENTS 4, 5 6 AND THEIR HENCHMEN REGISTERED BY TANUR POLICE. EXT.P7.TRUE COPY OF THE FIR IN CRIME NO.447 OF 2008. EXT.P8.TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONERS' DAUGHTER NAMELY KUM.JINCY, AT THE NIMHANS HOSPITAL, BANGALORE. EXT.P9.TRUE COPY OF THE FIR IN CRIME 298/09 OF TANUR POLICE. EXT.P10. TRUE COPY OF THE PANCHAYAT LICENCE NO.A4-2452—9-10 DATED 26.6.2009 ISSUED BY THANUR GRAMA PANCHAYATH IN RESPECT OF HIS FURNITURE INDUSTRIES RUN IN HIS PROPERTY. EXT.P11.TRUE COPY OF THE PETITION DATED 4.8.2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1. EXT.P12. TRUE COPY OF THE PETITION DATED 4.8.2008 SUBMITTED BY THE PETITONER BEFORE RESPONDENT NO.2. EXT.P13.TRUE COPY OF THE PETITION DATED 4.8.2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.23855 of 2009-B ---------------------------------------------- Dated, this the 17th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioners seek police protection. Briefly put, the the case of the petitioners is that the Ist petitioner is in absolute ownership, possession and enjoyment of 2.17 acres of garden property lying in different stretches of land comprised in Sy.Nos.221/19, 216/23 and 216/2 of Pariyapuram Village near Tanur in Tirur Taluk of Malappuram District. The complaint of the petitioners is against the intimidation and assault at the hands of respondents 4 to 9 and their henchmen for several times. 2. We heard the learned counsel for the parties including the learned Government Pleader. Learned counsel for respondents 4 and 6 to 9 would submit that respondents 4 and 6 to 9 are not creating any obstruction. Learned counsel for the 5th respondent also submits that the 5th respondent has not created any obstruction and that the workers are no WPC 23855/2009 -2- longer in his union. We record the above submission of the learned counsel and in the light of the above we dispose of the writ petition as follows: In case there is any obstruction by respondents 4 to 9, respondents 2 and 3 will afford adequate police protection for the lives of the petitioners and their daughter and also to the properties of the petitioners covered by Ext.P1. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS