IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 31301 of 2009(G) --------------------------------------- PETITIONERS: --------------------- 1. SEBASTIAN, AGED 64 YEARS, S/O.THOMAS, MORNING STAR, KADAVOOR, PERINAD P.O., KOLLAM. 2. PORTIA SEBASTIAN, AGED 56 YEARS, W/O.SEBASTIAN, MORNING STAR, KADAVOOR, PERINAD P.O., KOLLAM. 3. PLACID ZACHARIA, AGED 60 YEARS, S/O.ZACHARIA, RESIDING AT NEST, KADAVOOR, PERINAD P.O., KOLLAM. 4. ORLANDO ZACHARIA, AGED 50 YEARS, S/O.ZACHARIA, RESIDING AT STELLA VILLA, KADAVOOR, PERINAD P.O., KOLLAM. BY ADVS. SRI.V.V.RAJA, SRI.R.RANJITH. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU, KOLLAM. W.P.(C). NO.31301/2009-G: 5. RAMACHANDRAN PILLAI.R, AGED ABOUT 60 YEARS, PUTHIYA VEEDU, KOTTAKKAKOM, PERINADU P.O., KOLLAM. 6. G.VINOD, AGED 32 YEARS, RESIDING AT THEKADATHU VEEDU, MAHTILIL CHERRY, KOLLAM. 7. T.SREEKUMAR, AGED ABOUT 32 YEARS, RESIDING AT YASODHALAYAM, KADAVOOR, KOLLAM. 8. SUBRAMANYAN, AGED ABOUT 28 YEARS, RESIDING AT THAVARATHU KAYALVARAM, KADAVOOR, KOLLAM. 9. PRAKASH, AGED 38 YEARS, RESIDING AT P.S.NIVAS, KADAVOOR, KOLLAM. R1 TO R4 BY GOVT. PLEADER SMT. CHARISMA, R5 TO R9 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31301/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 06/03/2009 PREFERED BY THE P.1. BEFORE THE R.4. EXT.P.2: COPY OF THE FIR NO.131/2009 DTD. 07/03/2009 OF THE ANCHALUMMOODU POLICE STATION. EXT.P.3: COPY OF THE SCENE MAHAZAR DT.D 07/03/2009 PREPARED BY THE S.I OF POLICE ANCHALUMMOODU POLICE STATION. EXT.P.4: COPY OF THE ORDER DTD. 13/03/2009 IN I.A. NO. 1449/2009 IN O.S. NO. 240/2009. EXT.P.5: COPY OF THE PETITION DTD. 29/03/2009 FILED BY THE P.1. BEFORE THE R.4. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. BEFORE THE R.3, DTD. 07/04/2009. EXT.P.7: COPY OF THE PETITION FILED BY THE P.1. BEFORE THE R.1. ON 04/08/2009. EXT.P.8: COPY OF THE PETITION PREFERRED BY THE P.1. DTD. 01/08/2009 BEFORE THE DGP, KERALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 31301 OF 2009 G ----------------------------------------------------------- Dated this the 10th March, 2011. JUDGMENT Basant, J. Petitioners have come to this Court with this petition under Art.226 for issue of directions to respondents 1 to 4 to afford protection to them against illegal, culpable and violent acts which they apprehend from respondents 5 to 9. 2. When this petition came up for hearing on 3-11-2009 this Court had passed interim directions to respondents 1 to 4 “to render adequate protection to the life and property of the petitioners as well as members of their family from the threat posed by respondents 5 to 9 and their henchmen.” That interim order remains in force even now. Respondents 5 to 9 have been served. They have entered appearance through counsel. They have not filed any counter affidavit/objections so far. 3. Learned counsel for the petitioners submits that the petitioners have subsequently secured decree of the Civil Court in their favour. Ext.P4 is the interim order passed in that suit in WPC31301/2009 2 favour of the first petitioner who was the plaintiff in that suit and Ext.P9 is the decree passed. The learned counsel for the petitioners in these circumstances prays that interim order may be made absolute and these proceedings may be closed. 4. The matter was heard in part on 3-3-2011. The case was posted to this day for reply of respondents 5 to 9. Even today no counter affidavit has been filed. 5. The learned Govt. Pleader submits that the interim order has remained in force from 3-11-2009 and necessary police protection is being afforded to the petitioners as directed by this Court. The interim order can be made absolute and further proceedings closed submits the learned Govt. Pleader. 6. We have heard all parties. We are satisfied that this petition can be allowed and directions can be issued under Art.226 of the Constitution. 7. In the result; a) This petition is allowed. WPC31301/2009 3 b) The interim directions issued on 3-11-2009 referred above is made absolute. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC31301/2009 4