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 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 22375 of 2010(V) ------------------------------------------------- PETITIONER(S): --------------------- FR.JOY KOOTHUR,VICAR, ST.MARY'S CHURCH, ARATTUPUZHA, PALLISSERY PO, THRISSUR. BY ADV. SRI.K.T.SHYAMKUMAR SMT.M.S.KIRAN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE,THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION,CHERPU,THRISSUR DISTRICT.PIN.680 561. 3. SAJEEVAN,S/O.MADHAVAN,KARYAVAHAK,HINDU AIKYAVEDI,VALLACHIRA PANCHAYATH,RESIDING AT THOTTIPARAMBIL HOUSE, PO.PALLISSERI,ARATTUPUZHA, THRISSUR DISTRICT.PIN.680 560. 4. P.CHANDRAN,VICE PRESIDENT,VALLACHIRA GRAMA PANCHAYATH,RESIDING AT PORAYAMPILLY HOUSE, CHERUSSERY PO, THAIKATTUSSERI,THRISSUR DISTRICT.PIN.680 542. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.M.B.PRAJITH FOR R4 SRI.S.VINOD BHAT FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.22375 OF 2010. PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE RESOLUTION PASSED BY THE VALLACHIRA GRAMA PANCHAYATH DATED 28.4.2008. EXT.P2TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND RESPONDENT IN FILE NO.A2716/2009. EXT.P3TRUE COPY OF O.P.NO.1686/2009 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P4TRUE COPY OF O.P.NO.1687/2009 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN. EXT.P5TRUE COPY OF THE REPORT SUBMITTED BY THE DEPUTY DIR3ECTOR OF PANCHAYATH, THRISSUR BEFORE THE OMBUDSMAN. EXT.P6TRUE COPY OF THE NOTICE DATED 2.6.2010 AND PHOTOGRAPH OF THE NOTICES PASTED PURPORTED TO BE ISSUED IN THE NAME OF HINDU AIKYAVEDI, VALLACHIRA PANCHAYATH. EXT.P7TRUE COPY OF THE COMPLAINT DATED 12.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 22375 OF 2010 V --------------------------------------------------- Dated this the 4th August, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: “Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to afford adequate and sufficient police protection to the life and property of the petitioner from any overt act or illegal excesses from the side of the 3rd and 4th respondents or their men or agents acting on their behalf.” 2. We heard the learned counsel for the petitioner, learned counsel appearing for the third respondent as also the learned Government Pleader. Learned counsel for the third respondent would submit that the third respondent has no intention to cause any threat to the life of the petitioner. He has a case that there is WPC.22375/2010 V 2 encroachment. 3. Having regard to the facts, we dispose of the Writ Petition making the interim order absolute. However, we make it clear that we have not pronounced on the complaint about encroachment and if the matter comes up before any court/forum, the same will be free to decide the matter in accordance with law and untrammeled by anything contained in this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge