IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 3081 of 2010(I) ------------------------- PETITIONER ------------------ G.P.DINESH KUMAR,VIII/362, VELS FARM, ANAIGATTIMEDU,GOVINDAPURAM.P.O,MUDALAMADA VILLAGE, KOLLENKODE,CHITTUR TALUK,PALAKKAD DISTRICT. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO HOME DEPT., GOVT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE,THRISSUR. 3. DISTRICT COLLECTOR,PALAKKAD. 4. DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 5. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR. 6. CIRCLE INSPECTOR OF POLICE, KOLLENGODE. 7. SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION. 8. N.N.KRISHNADAS, FORMER MEMBER OF PARLIAMENT, PALAKKAD. 9. V.SUDEVAN,IRRITTIYAMPATHY,CHITTUR TALUK, PALAKKAD. 10. N.SENTHILVEL GOUNDER,VELS HIGH YIELD FARM,NEAR SIPCOT, MANAMADURAI,TAMILNADU. 11. V.T.SATHEESH KUMAR GOUNDER, VERGINIA RETAIL GARMENTS, NEAR SAKTHI HOTEL, POLLACHI COIMBATORE DISTRICT, TAMILNADU. BY GOVERNMENT PLEADER SMT.CHERISMA R10-11 BY SRI.JACOB SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3081 of 2010(I) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE JUDGMENT DATED 16.12.2004 EXT.P2. COPY OF THE DECREE DATED 16.12.2004 EXT.P3. COPY of the JUDGMENT IN WP © 16745 OF 2004 DATED 4.6.2006. EXT.P4. COPY OF THE FIR IN CRIME NO.305 OF 2005 EXT.P5. COPY OF THE FIR IN CRIME NO.27/2007 EXT.P6. COPY OF THE JUDGMENT IN WPC NO.24224/07 DATED 12.11.2007. EXT.P7. COPY OF THE REPRESENTATION DATED 9.11.2006 SUBMITTED TO THE SUPERINTENDENT OF POLICE PALAKKAD EXT.P8. COPY OF THE INTERIM ORDER IN WPC NO.6694 OF 2007 DATED 28.2.2007. EXT.P9. COPY OF THE JUDGMENT IN WPC NO.6694 OF 2007 DATED 15.3.2007. EXT.P10. COPY of the ORDER ISSUED BY THE SUB DIVISIONAL MAGISTRATE PALAKKAD DATED 26.3.2007. EXT.P11. COPY OF THE IA NO.995/2007 IN OS NO.216/2007 EXT.P12. COPY OF THE INJUNCTION ORDER DATED 13.4.2007 IN IA NO.995/2007. EXT.P13. COPY OF THE FIR IN CRIME NO.139/2007. EXT.P14. COPY OF THE STATEMENT PREPARED TO WOITHDRAW THE CASE DATED AS 4.6.2007 EXT.P15. COPY OF THE ORDER ISSUED BY THE ADDITIONAL CHIEF SECRETARY DATED 8.8.2007. EXT.P16. COPY OF THE ORDER IN CRL. RP. NO.1869/2009 DATED 19.6.2009. EXT.P17. COPY OF THE DEMAND DRAFTS BEARING NO.425158, 425157, 425158 AND 425156 DATD 28.2.2003 DRAWN ON SBI POLLACHI BRANCH. EXT.P18. COPY OF THE CASH CHEQUE BEARING NO.0951935 AND 0951936 DATED 28.3.2003 AND 29.3.2003 DRAWN ON SBI POLLACHI BRANCH. EXT.P19. COPY OF THE REGISTERED LEASE DEED NO.2000/2005 OF SRO PALAKKAD DATED 19.03.2005. WP(C).No. 3081 of 2010(I) ------------------------------------- EXT.P20. COPY OF THE REGISTERED LEASE DEED NO.2001/2005 OF SRO PALAKKAD DATED 19.03.2005. EXT.P21. COPY OF THE POSSESSION CERTIFICATE ISSUED BY THAHASILDAR CHITTUR DATED 17.3.2006 EXT.P22. COPY OF THE ORDER IN IA 3621 OF 2009 IN OS 619/2009 DATED 4.11.2009. EXT.P23. COPY OF THE LETTER ISSUED BY ADDITIONAL SECRETARY TO GOVT. DATED 18.12.2007. EXT.P24. COPY OF THE COMPLAINT FILED BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY DATED 7.12.2009. EXT.P25. COPY OF THE LETTER ISSUE BY DISTRICT POLICE COMPLAINT AUTHORITY DATED 13.1.2010 EXT.P26. COPY OF THE PETITION NO.14880/B4 OF 2008 FILED BEFORE THE KERALA LEGISLATIVE PETITION COMMITTEE. EXT.P27. COPY OF THE QUESTION ANSWERED BY THE HOME MINISTER IN THE ASSEMBLY DATED 12.3.2008. EXT.P28. COPY OF THE LETTER ISSUED BY THE OPPOSITION LEADER KERALA DATED 05.02.08. EXT.P29. COPY OF THE LETTER FORWARDED TO PETITIONER FROM THE OFFICE OF THE OPPOSITION LEADER DATED 3.3.2008. EXT.P30. COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL PALAKKAD DATED 23.12.2009. EXT.P31. COPY OF THE FIR IN CRIME NO.395/2009 EXT.P32. COPY OF THE COMPLAINT GIVEN TO DY. SP DATED 7.1.2010. EXT.P33. COPY OF THE NEWS ITEMS REPORTED IN MATHRUBHUMI DAILY DATED 18.6.2007. EXT.P33(A). COPY OF THE NEWS ITEMS REPORTED IN MATHRUBHUMI DAILY DATED 24.12.2008. EDXT.P33(B). COPY OF THE NEWS ITEMS REPORTED IN KERALA KAUMUDI DAILY DATD 16.10.2005. EXT.P33(C). COPY OF THE NEWS ITEMS REPORTED IN MADYAMAM DAILY DATED 13.2.2006. EXT.P33(D). COPY OF THE NEWS ITEMS REPORTED IN MADYAMAM DAILY DATED 25.12.2006. WP(C).No. 3081 of 2010(I) ------------------------------------- EXT.P33(E). COPY OF THE NEWS ITEMS REPORTED IN INDIAN EXPRESS DAILY DATED 25.6.2007 EXT.P33(F). COPY OF THE NEWS ITEMS REPORTED IN MALAYALA MANORAMA DAILY DATED 4.2.2007. ET.P33(G) COPY OF THE NEWS ITEMS REPORTED IN RASHTRA DEEPIKA DAILY DATED 26.5.2007. EXT.P33(H). COPY OF THE NEWS REPORTED IN KERALA SABDHAM WEEKLY DATED NOVEMBER 2007. EXT.P33(I). COPY OF THE NEWS ITEMS REPORTED IN MATHRUBHUMI DAILY DATED 22.10.2005. EXT.P33(J). COPY OF THE NEWS ITEMS REPORTED IN KERALA KAUMUDHI DAILY DATED NIL. RESPONDENT'S EXHIBITS --------------------------------------- EXT.R2(9). RESIDENTIAL CERTIFICATE ISSUED BY THE SECRETARY, MUTHALAMADA GRAMA PANCHAYATH DT. 92.2010.. EXHIBIT R10 (A). COPY OF THE JUDGMENT DATED 08.06.2007 IN OS NO.216/2007 OF THE MUNSIF'S COURT, CHITTUR. EXT.R10(B). COPY OF THE JUDGMENT DATED 24.10.2009 I N OS NO.348/2007 OF THE MUNSIFF'S COURT, CHITTUR. EXT.R10(C). COPY OF THE ORDER DATED 19.02.2010 IN IA NO3621/2009 IN O.S. NO619/2009 OF THE COURT OF SUBORDINATE JUDGE OF PALAKKAD. / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.3081 of 2010-I ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to afford police protection to him against culpable, contumacious and violent acts of respondents 8 to 11. This petition filed on 27.01.2010 has remained on file without any interim orders. The last posting was on 04.10.2010 and thereafter the Registry has listed the matter for hearing and disposal. 2. Today when the matter came up for hearing, the learned counsel for the petitioner submits that he has no grievance about the police and, in these circumstances, he does not seek any further directions in this Writ Petition. We are satisfied that the said submission can be accepted and this Writ Petition can be dismissed. 3. However, the learned counsel for respondents 10 and 11 submits that the petition is without any bona fide and the petitioner is only attempting to steal a march over the contesting W.P(C) No.3081 of 2010-I 2 respondents in a civil dispute between them. He has lost in all the civil litigations and the attempt is only to secure some orders and make use of the same against the contesting respondents. 4. We do not think it necessary to consider the said contention of respondents 10 and 11. In the light of the submission of the petitioner, this petition is dismissed for the reason that the petitioner does not want to seek any relief now. 5. This Writ Petition is, in these circumstances, dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/