IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 31145 of 2010(P) ------------------------- PETITIONER : -------------------- R.KRISHNA PILLAI, S/O.RAGHAVAN PILLAI, KALPANA, CHENTHAPUCHERI, THRIKOVILVATTOM VILLAGE, KOLLAM, PIN – 69591. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, ANCHALUMOODU P.O., PIN – 69591. 2. THE CIRCLE INSPECTOR OF POLICE, KUNDARA P.O., PIN – 69598. 3. THE SUPERINTENDENT OF POLICE, KOLLAM P.O., KOLLAM, PIN – 69591. 4. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM-695 001. 5. THE SUB INSPECTOR OF POLICE, KOTTIYAM P.O. PIN – 69598. 6. T.G.DAS, S/O.THOMAS, SHAIJO BHAVAN, VADAKKEKARA CHERI, THRIKKADAVOOR VILLAGE, P.O. KADVOOR, KOLLAM TALUK, PIN – 69591. 7. SHAJI, S/O.T.G.DAS, MARIA GARDENS, MATTATHIL CHERI, THRIKKADAVOOR VILLAGE, P.O. KADVOOR, KOLLAM TALUK, PIN – 69591. 8. DR.SHYNI, W/O.DR.SHAJI, MARIA GARDENS, MATTATHIL CHERI, THRIKKADAVOOR VILLAGE, P.O. KADVOOR, KOLLAM TALUK, PIN – 69591. ...2/- WP(C).No. 31145 of 2010(P) -2- 9. JAINAMMA, W/O.T.G.DAS, SHAJI BHAVAN, VADAKKEKARA CHERI, THRIKKADAVOOR VILLAGE, P.O. KADVOOR, KOLLAM, PIN – 69591. 10. SHIBU, S/O. BALAN PILLA, LAVANYA, OLAYIL CHERIYIL, THEVALLY, KOLLAM WEST P.O. PIN – 69591. 11. RARI CHANDRAN, S/O.BALAN PILLA, OMKARAM, PUNNAKKATALACHERY, THIRUMULLAVARAM, KOLLAM WEST P.O., PIN – 69597. 12. VISHNU SUNIL, S/O.SUNIL KUMAR, NARAYANEEYAM, H.NO.32/1206, THIRUMULLAVARAM, KOLLAM WEST P.O., PIN – 69597. 13. PANDALAM SUNIL, NARAYANEEYAM, H.NO.32/1206, THIRUMULLAVARATHU CHERIYIL, THIRUMULLAVARAM, KOLLAM WEST P.O. PIN – 69597. R1 TO R5 BY GOVT. PLEADER SMT. CHARISHMA R7 BY ADV. SRI.N.K.SUBRAMANIAN R10 TO R13 BY ADVS. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS R13 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 31145 of 2010(P) -3- APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 : COPY OF THE AGREEMENT DATED 12.7.2010. EXT.P-2 : COPY OF THE SALE DEED DATED 18.9.2010. EXT.P-3 : COPY OF THE COMPLAINT DATED 4.10.2010. EXT.P-4 : COPY OF THE RECEIPT DATED 5.10.2010. EXT.P-5 : COPY OF THE RECEIPT DATED 5.10.2010. EXT.P-6 : COPY OF THE POSTAL RECEIPT DATED 4.10.2010. EXT.P-7 : COPY OF THE COMPLAINT DATED 6.10.2010. EXT.P-8 : COPY OF THE RECEIPT DATED 7.10.2010. EXT.P-9 : COPY OF THE MEDICAL RECORD DATED NIL. EXT.P-10 : COPY OF THE MEDICAL RECORD DATED NIL. EXT.P-11 : COPY OF THE MEDICAL RECORD DATED 28.1.2010. EXT.P-12 : COPY OF THE MEDICAL RECORD DATED 30.12.2009. EXT.P-13 : COPY OF THE MEDICAL RECORD DATED 29.1.2010. EXT.P-14 : COPY OF THE MEDICAL RECORD DATED 29.1.2010. EXT.P-15 : COPY OF THE PAPER REPORT DATED 09.03.1992. EXT.P-16 : COPY OF THE PAPER REPORT DATED 10.03.1992. EXT.P-17 : COPY OF THE PAPER REPORT DATED 12.03.1992. RESPONDENT'S EXHIBITS: EXT.R13(a) : COPY OF THE ELECTRONIC TICKET AND PASSENGER ITINERARY/RECEIPT. ...4/- WP(C).No. 31145 of 2010(P) -4- EXT.R13(b) : COPY OF THE E-TICKET RECEIVED ON 7-10-2010 IN THE NAME OF THE 13TH RESPONDENT. EXT.R13(c) : COPY OF THE E-TICKET RECEIVED ON 7-10-2010 IN THE NAME OF THE WIFE OF THE 13TH RESPONDENT. EXT.R13(d) : COPY OF THE FIR NO.5/2005 DATED 15-7-2005. EXT.R10-1 : COPIES OF AIR TICKETS FOR THE JOURNEY TO AND FROM ISSUED IN FAVOUR OF THE 10TH RESPONDENT. //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.31145 of 2010 ------------------------------------------- Dated this the 11th January, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions to respondents 1 to 5 to afford police protection for the life and person of the petitioner against the threats emanating from respondents 6 to 13. There is also a further grievance that no action has been taken on Ext.P3 complaint filed by the petitioner before the police. 2. This petition was admitted. Interim directions were issued from time to time. We have heard counsel. The petitioner claims that there was an agreement between him on the one hand and respondents 6 to 8 on the other for sale of an item of property belonging to respondents 6 to 8 to him. Contrary to the terms of that agreement, it is alleged that respondents 6 to 8 had alienated the property to respondents 10 to 12. According to the petitioner, the conduct on the part of respondents 6 WPC No.31145/2010 2 to 8 amounts to the criminal offence of cheating etc. regarding which he has filed Ext.P3 complaint. According to the petitioner, respondents 6 to 13 are persons of questionable character and he apprehends physical violence against him from respondents 6 to 13. 3. Respondents 6 to 13 have entered appearance. They urge that they are respectable and law abiding citizen. They agree that there is a dispute between the petitioner on the one hand and respondents 6 to 8 on the other about the obligation of respondents 6 to 8 to assign the property in favour of the petitioner. They dispute the agreement. Various contentions are raised. Respondents 6 to 13 undertake unambiguously before court that they shall not indulge in any contumacious, culpable or violent acts against the petitioner. They have not indulged in any such conduct so far. They shall not indulge in any such conduct in future also. The civil dispute between the petitioner and respondents 6 to 8 deserves to be resolved by resort to the civil adjudicatory process. The first petitioner had earlier filed a suit for injunction and the same has subsequently been withdrawn, it is submitted. WPC No.31145/2010 3 The petitioner has a case that he had subsequently initiated civil proceedings against the party respondents. 4. For the purpose of this petition, all these controversies are not relevant. If the petitioner has any grievance against respondents 6 to 13 about the property which was allegedly agreed to be sold to him by respondents 6 to 8, he must initiate appropriate proceedings before the civil court for the enforcement of his rights, if any. This court in proceedings under Article 226 shall not and does not intend to attempt to resolve those controversies. The dispute between the parties is essentially relating to the enforceability of the alleged agreement for sale executed by the first petitioner with respondent No.6. That controversy will have to be resolved by appropriate civil proceedings and no directions shall be issued in respect of that controversy in this writ petition. 5. We accept the submission of respondents 6 to 13 that there is no possibility of any violent, contumacious and culpable acts on the part of respondents 6 to 13 against the petitioner. We accept the submission of the WPC No.31145/2010 4 learned Government Pleader on behalf of respondents 1 to 5 that if there be any such genuine complaints, the petitioner can bring it to the notice of respondents 1 to 5 and appropriate action, if any, necessary shall be taken by respondents 1 to 5. We are in these circumstances satisfied that no further or specific directions need be issued by this court in favour of the petitioner. 6. So far as the grievance that no action on Ext.P3 complaint is taken, it is submitted that a different writ petition has already been filed. Another Bench of this Court had already admitted it and the matter is pending. We do not propose to issue any direction in relation to Ext.P3 complaint in this writ petition. 7. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. We accept the submission of respondents 6 to 13 that they do not intend to cause any vexation or hardship to the petitioner. We accept the submission of respondents 1 to 5 that if there is any genuine complaint of such contumacious conduct on the part of respondents 6 to 13, necessary action in accordance with law shall be taken by WPC No.31145/2010 5 respondents 1 to 5. Recording these submissions, this writ petition is dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/