IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 27682 of 2009(E) -------------------------- PETITIONER(S): ---------------------- SATHAR, AGED 30 YEARS, S/O.ABDUL KHADER, CHERUMMOODAN HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 4. N.K.ABU (PATTA ABU), S/O.KOCHAHAMADU, NAYATHAN HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA, MUDIKKAL P.O, KUNNATHUNADU TALUK. 5. ALIYAR, S/O.KUNJEEN PILLA, MAMPILLY HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA, MUDIKKAL P.O, KUNNATHUNADU TALUK. 6. RAHEEM, S/O.ALIYAR, MAMPILLY HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA, MUDIKKAL P.O, KUNNATHUNADU TALUK. 7. ALI, S/O.PAREEKKUTTY, CHERUMMOODAN HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA, MUDIKKAL P.O, KUNNATHUNADU TALUK. 8. SHAMEER, S/O.SAIDU, NAYATHAN HOUSE, MARAMPILLY VILLAGE, PALLIPRAM KARA, MUDIKKAL P.O, KUNNATHUNADU TALUK. BY GOVERNMENT PLEADER SRI.P.RAVINDRA BABU ADV. SRI.C.A.NAVAS FOR R4-8 SMT.C.S.SIMI FOR R4-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27682 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE TITLE DEED OF THE PETITIONER. EXT.P2. TRUE COPY OF THE TAX RECEIPT EXT.P3. TRUE COPY OF THE LOCATION SKETCH. EXT.P4. TRUE COPY OF THE PROPERTY TAX WHICH IS ASSESSED AND PAID BY THE VAZHAKKULAM GRAMA PANCHAYAT EXT.P5. TRUE COPY OF THE REQUEST DATED 29/9/2009 TO THE FIRST RESPONDENT EXT.P6. TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT ACKNOWLEDGING THE RECEIPT OF EXT.P5 EXT.P6(A). TRUE COPY OF THE POSTAL RECEIPT OF THE REPRESENTATION ADDRESSED TO THE SECOND AND THIRD RESPONDENTS RESPONDENTS EXHIBITS: EXT.R8(A) THE PHOTOGRAPHS SHOWING THE CONJUNCTIONS INSIDE THE EXHIBIT P1 EXT.R8(B) PHOTOSTAT COPY OF THE REPRESENTATION NO.NIL DATED NIL PREFERRED BEFORE THE SUB INSPECTOR OF POLICE EXT.R8(C) PHOTOSTAT COPY OF THE PETITION NO.NIL DATED 24/11/2009 EXT.R8(D) PHOTOSTAT COPY OF THE SUMMONS ISSUED TO THE 8TH RESPODENT AS WITNESS IN C.C.NO.360/08 OF THE ADDITIONAL SESSIONS COURT (ADHOC-II) EXT.R8(E) PHOTOSTAT COPY OF THE MASS PETITION NUMBER NIL DATED NIL EXT.R8(F) PHOTOSTAT COPY OF THE COMMUNICATION DATED 5/10/2009 EXT.R8(G) PHOTOSTAT COPY OF THE RECEIPT NO.90 DATED 5/10/2009 EXT.R8(H) PHOTOSTAT COPY OF THE RECEIPT NO.53 DATED 5/10/2009 EXT.R8(I) PHOTOSTAT COPY OF THE RECEIPT NO.68 DATED 5/10/2009 EXT.R8(J) PHOTOSTAT COPY OF THE RECEIPT NO.NIL DATED 5/10/2009 /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C). No.27682 of 2009 -------------------------------- Dated this the 14th day of October,2009 JUDGMENT Kurian Joseph.J The petitioner approached this court with the following prayer. “a. Issue a writ of mandamus or any other appropriate order or direction, commanding the respondents 1 to 3 to give and provide adequate and meaningful police protection for the life of the petitioner and his family and also for the property covered by Ext.P1 to P4 documents” 2. In view of the possibility for breach of peace, on 1/10/2009 we directed the police to ensure that law and order is maintained. The learned counsel for the petitioner submits that thereafter there is no law and order problem and there is no disturbances to the petitioner. The learned counsel for respondents 4 to 8 submits that in respect of the activities of the petitioner and people whom the petitioner has permitted to reside at the premises there are various complaints and the authority competent to look into those complaints have not W.P.(C). No.27682 of 2009 2 taken any prompt steps/action in the matter.We make it clear the judgment shall not stand in the way of the authority concerned taking any appropriate action in accordance with the law. The writ petition is disposed of accordingly. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn