IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 28530 of 2009(I) -------------------------- PETITIONER(S): --------------- DAVIS, S/O.S.P.GEORGE,SRAMBIKAL HOUSE, BINANIPURAM.P.O,ERNAKULAM DISRICT. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, RURAL ALUVA. 2. THE SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION. 3. C.J.POLY,S/O.KUNJUOUSEPH,THOTTAKATH HOUSE,BINANIPURAM.P.O,EDAYAR. 4. C.J.TITTUS,S/O.KUNJUOUSEPH, THOTTAKATH HOUSE,BINANIPURAM.P.O,EDAYAR. ADVS. SRI.SAJEEV KUMAR K.GOPAL FOR R3,4 SMT.AMBIKA RADHAKRISHNAN FOR R3,4 GOVT. PLEADER SRI. T.K. VIPINDAS -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28530/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the representation dated 31.5.2009. Ext.P2: True copy of the representation dated 1.10.2009. RESPONDENTS' EXHIBITS: Ext.R4(a): True copy of the complaint submitted before the Hon'ble Chief Minister by the local residents of the area highlighting the various illegal activities including immoral activities carried out by the petitioner. Ext.R4(b): The true copy of the complaint submitted by the President of the Grama Panchayat against the petitioner requesting to take immediate steps to close the orphanage and to conduct a detailed enquiry regarding the functioning of the charitable organisation consequent to the unnatural death of two inhabitants. Ext.R4(c): True copy of the resolution taken by the Kadungallur Grama Panchayat at its meeting held on 22.8.2007 vide resolution No.5. Ext.R4(d): True copy of the representation submitted by the petitioner. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 28530 OF 2009 --------------------------------------------- Dated this the 6th day of November, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed seeking police protection to the petitioner and the members of his family against the interference of respondents 3 and 4. Learned counsel appearing for respondents 3 and 4 submits, referring to the counter affidavit, that respondents 3 and 4 are not in any way causing trouble or disturbance to the petitioner. It is also submitted that it is the petitioner who is indulging in various criminal activities. The learned Government Pleader, on instruction, submits that the petitioner is an accused in several cases and the veiled object behind the Writ Petition is to indirectly block the investigation. 2. Now that respondents 3 and 4 have submitted that they are not causing any trouble or disturbance to the petitioner or members of his family, no further orders are necessary in this Writ Petition, except to make it clear that in the event of any such trouble, it will be open to the petitioner or members of his family to approach the second respondent in W.P.(C)NO.28530/2009 2 which case, the second respondent will take appropriate action against respondents 3 and 4. However, we make it clear that this judgment shall not stand in the way of the police discharging their statutory duty of investigating or enquiring into any crime or complaint involving the petitioner, in accordance with law. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.28530/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.28530/2009 JUDGMENT 6th November, 2009 W.P.(C)NO.28530/2009 4