IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 23244 of 2009 (A) -------------------------- PETITIONER(S): --------------- BAIJU KOCHUMON,KALAYIL HOUSE, CHITTAR P.O., VADAKKEKKARA MURIYIL, KUMARAMPERUR, SEETHATHODU PATHANAMTHITTA BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLCIE, PATHANAMTHITTA 2. CIRCLE INSPECTOR OF POLICE, CHITTAR, PATHAMAMTHITTA. 3. SUB INSPECTOR OF POLICE, CHITTAR PATHANAMTHITTA. 4. KOCHUMMAN, KALAYIL HOUSE, CHITTAR P.O., KUMARAMPERUR, VADAKKEKKARA, PATHANAMTHITTA. 5. PHILIP KOCHUMMAN, KAKLAYIL HOUSE, CHITTAR P.O.,VADAKKEKKARA,PATHANAMTHITTA. 6. SAJI KOCHUMAN,KALAYIL HOUSE CHITTAR P.O. VADAKKEKARA KURARAMPERUR,PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.SURIN GEORGE IPE FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON 09/12/2009 DELIVERED THE FOLLOWING: WP(C).No. 23244 of 2009 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF COMPLAINT GIVEN BY PETITIONER TO FIRST RESPONDENT EXT.P2: TRUE COPY OF COMPLAINT GIVEN BY THE PETITIONER TO SECOND RESPONDENT EXT.P3: TRUE COPY OF COMPLAINT GIVEN BY PETITIONER TO 3RD RESPONDENT EXT.P4: TRUE COPY OF RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENTS EXHIBITS: EXT.R5(A): TRUE COPY OF THE FIR 246/2009 OF CHITTAR POLICE STATION /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.23244 of 2009 -------------------------------- Dated this the 9th day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is with filed with the following prayer :- 1. to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to afford adequate and effective police protection to the life and property of petitioner from 5th and 6th respondents. 2. The fourth respondent is the father of the petitioner and respondents 5 and 6 are the brothers of the petitioner. It is unfortunate that the members of respectable families fight among themselves, cause unrest not only in the respective abode but also to the neighbours and society at a large. They should have the wisdom to sit around the father or elders of the family and make an attempt to approach the issue with open mind so as to purchase peace at home. Respondents 5 and 6 who were present before this court submitted before us that they will not in any way interfere with the family affairs of the petitioner and they will not cause any disturbance to them. That submission was recorded on 28/8/2009. W.P(C) No.23244 of 2009 2 On 23/10/2009 this court issued an order to the police to render protection to the life of the petitioner. On 28/10/2009, this court issued direction to the police to ensure that law and order is maintained. 3. Hence the writ petition is disposed of in terms of the above orders directing the police to abide the above orders. In case any party request for protection to their life the same shall be granted at the expense of the party making the request. As far as any other dispute pending between the parties, we make it clear that this judgment will not stand in the way of resorting their remedies before appropriate forum including the civil court. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn W.P(C) No.23244 of 2009 3