IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 13643 of 2008(Y) -------------------------- PETITIONER: ------------ RAJU JOHN @ ALIAS, AGED 44 YEARS, S/O.ULAHANNAN, PALAPURATHU HOUSE, MARADY VILLAGE, KAYANATTUKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.T.U.ZIYAD SMT.RAMEENA.P.K. RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, RAMAMANGALAM POLICE STATION, MUVATTUPUZHA. 3. MR.BABY, S/O.VARKEY, AGED ABOUT 60 YEARS PALAPURATHU HOUSE, MARADY VILLAGE, KAYANATTUKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. MR.ELDHOSE, S/O.BABY, AGED ABOUT 35 YEARS, PALAPURATHU HOUSE, MARADY VILLAGE, KAYANATTUKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.A.T.ANILKUMAR FOR R3 & 4 SRI.P.DALBI EMMANUEL FOR R3 & 4 GOVERNMENT PLEADER, SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.13643/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE INJUNCTION PETITION NO.2435/2008 FILED BEFORE THE HON'BLE DISTRICT COURT (VACATION COURT) ERNAKULAM DT.18.04.2008. EXT.P2: COPY OF THE INJUNCTION ORDER IN I.A.NO.2435/2008 DT.19.04.2008 PASED BY THE DISTRICT COURT, ERNAKULAM (VACATION COURT). EXT.P3: COPY OF THE COMPLAINT DT.21.04.2008 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, RAMAMANGALAM, MUVATTUPUZHA. EXT.P4: COPY OF THE F.I.R. SUBMITTED BY THE S.I. OF POLICE, RAMAMANGALAM BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY. EXT.P5: COPY OF THE I.A.NO.2528/2008 FILED BEFORE THE HON'BLE DISTRICT COURT (VACATION COURT) ERNAKULAM DT.21.04.2008. EXT.P6: COPY OF THE I.A.NO.2529/2008 FILED BEFORE THE HON'BLE DISTRICT COURT (VACATION COURT) ERNAKULAM DT.23.04.2008. //TRUE COPY// K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 13643 OF 2008-Y ----------------------------------------- Dated 24th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, alleging that respondents 3 and 4, who are his neighbours, are threatening him and his family members. Their life is in danger. So, he moved the police for necessary protection. But, the police did not take any effective steps. It is also pointed out that the petitioner has filed a suit before the Munsiff's Court against the said respondents, seeking to restrain their trespass into his property. In that suit, the District Court (Vacation Court) has passed Ext.P2 interim injunction order. 2. The respondents 3 and 4 have filed a counter affidavit, denying the allegations of the petitioners. They submit, in fact, the petitioner is encroaching into their property and they have moved the civil court, seeking an injunction against him. They also submit that they have no intention, whatsoever, to harm the petitioner or his family members. WPC 13643/08 2 3. We record the above submission of respondents 3 and 4. If there is any threat from the part of respondents 3 and 4, the petitioner can bring the same to the notice of the 2nd respondent. In that event the 2nd respondent will take appropriate action in accordance with law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/