IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 9300 of 2011(J) ------------------------- PETITIONER(S): ------------------------ C.B.MOHANAN, S/O.LATE BALAN, AGED 56, CHERTHEDATH HOUSE, ANTHIKKAD.P.O., THRISSUR DISTRICT. BY ADVS. SRI. C.V. ANTONY SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): -------------------------- 1. A.V.SREEVALSAN, S/O.LATE VASU, ANTHIKKADU.P.O., THRISSUR DISTRICT - 680 641 2. SREE MURALI PERUNELLI, MLA, PERUNELLI HOUSE, NEAR PARAPPUR, ORAKAM, MULLASSERY PANCHAYATH, THRISSUR DISTRICT - 680 552 3. PRAGIN, S/O.SUJATHA, PADUR HOUSE, ANTHIKKADU.P.O., THRISSUR DISTRICT - 680 641 4. SHAJAN ALIAS JAYAMON, S/O.JOSE, ARIMBOOR PALLAN HOUSE, ANTHIKKAD.P.O., THRISSUR DISTRICT - 680 641 5. SUGUNADAS, MAMBILLY HOUSE, ANTHIKKAD.P.O., THRISSUR DISTRICT - 680 641 6. SACHIN ALIAS SACHU, C/O.A.V.SREEVALSAN, S/O.LATE VASU, ANTHIKKATTU HOUSE, ANTHIKKAD.P.O., THRISSUR DISTRICT - 680 641 7. THE S.I OF POLICE, ANTHIKKAD POLICE STATION, ANTHIKKAD.P.O., THRISSUR DISTRICT - 680 641 8. THE RURAL S.P., THRISSUR - 680 001 9. THE I.G. OF POLICE, THRISSUR 680 001 ...2/- WP(C).No. 9300 of 2011 -2- 10. STATE OF KERALA, REPRESENTED BY SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695 001 * ADDL. R11 AND R12 IMPLEADED *ADDL.R11. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ANTHIKKAD, THRISSUR DISTRICT. ADDL.R12. THE VILLAGE OFFCER, ANTHIKKAD VILLAGE, THRISSUR DISTRICT. * ARE IMPLEADED AS PER ORDER DATED 8.4.2011 IN I.A 6358/2011 R1 TO R6 BY ADV. SRI.O.D.SIVADAS R7 TO R10, ADDL.R11 AND R12 BY GOVT.PLEADER, SRI.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9300 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE PETITION DATED 12.3.2011 SENT TO THE 8TH RESPONDENT BY THE PETITIONER. EXT.P2 : TRUE PHOTOCOPY OF THE PETITION DATED 13.3.2011 TO 9TH RESPONDENT BY THE WIFE AND DAUGHTER OF THE PETITIONER. EXT.P3 : TRUE PHOTOCOPY OF THE FIR IN CRIME No.225 OF THE 7TH RESPODENT. EXT.P4 : TRUE PHOTOCOPY OF THE FIR IN CRIME No.226 OF THE 7TH RESPONDENT. EXT.P5 : TRUE PHOTOCOPY OF THE PETITION DATED 15.3.2011 TO CHIEF MINISTER OF KERALA BY PETITIONER. EXT.P6 : TRUE PHOTOCOPY OF THE PETITION DATED 17.3.2011 TO THE 7TH RESPONDENT BY THE PETITIONER. EXT.P7 : TRUE PHOTOCOPY OF THE COMMISSION REPORT DATED 24.3.2011. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 4.4.2011. EXT.R1(b) : COPY OF THE COMMUNICATION ISSUED TO THE 1ST RESPONDENT DATED 4.4.2011. //TRUE COPY// P.S. TO JUDGE Kp R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.9300 OF 2011 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions to the police to afford protection to the petitioner against the threat to the life and person of the petitioner. 2. According to the petitioner, he is a law abiding person leading a peaceful life with his wife and children in the property belonging to him. Access to his residential property was through a panchayat road in front. The petitioner had attempted to make the said road usable by placing mud from the property of the petitioner on that road. Respondents 1 to 6 raised objections against such conduct raising the complaint that from the petitioner's property mud cannot be removed. On account of that, there has been a case and counter case. According to the petitioner, he now does not seek any relief in respect of the road or his property. His short request is that protection W.P.(C).NO.9300 OF 2011 : 2 : may be granted to his life and person against any threat from respondents 1 to 6. On account of the animosity arising from the earlier instances, the petitioner apprehends violence to be directed against him, his wife and his children. Protection may be granted only for the life and person of the petitioner and his family, prays the learned counsel. 3. Respondents 1 to 6 though served are not represented. No counter affidavits have been filed by respondents 1 to 6. The learned Government Pleader appears for all the other respondents. The learned Government Pleader submits that in the perception of the police officials there is no threat now to the life and person of the petitioner or the members of his family. If there be any such threat, the petitioner can complain to the police officials and thereupon appropriate action shall be taken. 4. In the total absence of any opposition from the respondents and in the light of the submission of the learned Government Pleader, we are satisfied that the proceedings can now be closed and appropriate directions can be issued. W.P.(C).NO.9300 OF 2011 : 3 : 5. In the result: a. This petition is allowed. b. We accept the submission of the learned Government Pleader. If there be any threat or contumacious, culpable and violent acts on the part of respondents 1 to 6 directed against the petitioner, his wife and his two children, the police shall take necessary action to afford protection to the petitioner and the said members of his family. c. In the light of that submission, we do not think it necessary to issue any further specific direction. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge cl