IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33004 of 2011(A) -------------------------------------- PETITIONER(S): ----------------------- K.A.SHAJI, S/O.K.E.ANTONY, KOCHU VEEDU, THOPPILKADAVU, KOLLAM. BY ADVS. SRI.PRATHEESH.P SRI. P. VISWANATHAN RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF POLICE, KOLLAM-691 001. 2. CIRCLE INSPECTOR OF POLICE, WEST CIRCLE, KOLLAM-691 013. 3. SUB INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM-691 013. 4. SOMAN, KAVOOR VADAKKATHIL, MANAYIL KULANGARA, KOLLAM-691 012. R1, R2 & R3 BY GOVERNMENT PLEADER SRI. SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.33004/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 3.11.2011. EXT.P2: COPY OF THE RECEIPT ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT AFTER RECEIVING EXT.P1 COMPLAINT DATED 5.11.2011. EXT.P3: PROPERTY TAX RECEIPT BY THE PETITIONER FOR 2.63 ARES OF LAND BEFORE THE KOLLAM WEST VILLAGE DATED 25.4.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33004 OF 2011 ------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner seeks protection for his life, his property and for his workers, who are engaged in the construction of a compound wall around his property. As for the protection sought for his life ,it is submitted by Sri.P.Viswanathan learned counsel who entered appearance on behalf of the 4th respondent that the 4th respondent has no intention to cause any injury or danger to the life or limbs of the petitioner. The learned counsel even submitted that the 4th respondent has no objection in this court granting police protection directions to the petitioner's life and limbs. But, Mr.Viswanathan would oppose the issuance of protection direction in respect of the construction of the compound wall and the workers who are engaged in such construction. According to the learned counsel, the dispute has not attained finality. R.S.A. No.240/2011 is pending before this court. Till the above RSA is finally decided, this court will not be W.P.(C) No. 33004 /2011 2 justified in issuing protection directions for the construction of the compound wall. 2. Sri.Susheel Cyriac learned Government pleader submitted that on receiving the complaint submitted by the petitioner ,both sides were summoned to the police station. Even though the Sub Inspector of Polite tried his best to bring forth a compromise of the issue between the parties, he was unsuccessful. 3. Having considered the submissions addressed at the Bar, we are of the view that the writ petition can be disposed of issuing the following directions; i). The petitioner is permitted to seek his impleadment in RSA NO.240/2011 pending before this court and to seek appropriate interim relief in respect of the compound wall construction. ii). As for the protection for life and limbs sought for by the petitioner, we record all the submissions made by Sri.Viswanathan on behalf of the 4th respondent. However, if in future, the 3rd respondent receives any complaint from the petitioner that there has been threat to the life and limbs of the W.P.(C) No. 33004 /2011 3 petitioner from the part of the 4th respondent or for that matter from anybody else, it shall be the duty of the 3rd respondent to conduct immediate enquiry and to take prompt action on the basis of the facts which are revealed in the enquiry. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33004 /2011 4