IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 1486 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------ M/S.TOUGHGLASS INDIA PVT. LTD., INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINANIPURAM – 683 502, REPRESENTED BY ITS AUTHORIZED SIGNATORY AND MANAGER, AUGUSTINE FERNANDEZ, AGED 44 YEARS, S/O.FERNANDEZ. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, BINANIPURAM – 683 502, EDAYAR. 2. M/S.C.R. ENGINEERS AND CONTRACTORS, C.R. BHAWAN, BINANIPURAM – 683 502, EDAYAR, REPRESENTED BY ITS PROPRIETOR, C.R. SHANMUGHAM. R1 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.1486 of 2011 ---------------------------------------------------- Dated this the 25th day of January, 2011 Judgment Basant, J. The petitioner has come to this court with this petition for issue of directions to respondent No.1 under Article 226 of the Constitution to afford police protection to the petitioner against illegal, contumacious, wanton and violent acts of the second respondent. 2. The petitioner-company had engaged the second respondent as a Contractor. The work is almost completed and according to the petitioner, he has effected substantial payments already to the 2nd respondent. There are certain disputes between the petitioner and the 2nd respondent. The petitioner is willing to settle all such disputes in accordance with law. But the second respondent, it is alleged, is taking law into his own hands and is attempting to indulge in wanton acts of violence and mischief against the petitioner. The short prayer of the petitioner is that he may be afforded protection against such highhanded unworthy and unjustified conduct on the part of the 2nd WPC 1486/2011 2 respondent. 2. Notice was ordered. Learned Government Pleader has entered appearance on behalf of the 1st respondent. Respondent No.2, though served, has not entered appearance. 3. The learned Government Pleader, after taking instructions, submits that there was a dispute between the petitioner and the second respondent. In the perception of the first respondent, there is no threat to the person or life of the petitioner. The learned Government Pleader submits that the dispute is purely civil dispute and the parties cannot be permitted to resort to violence for the settlement of that dispute. If there be any unjustified or unworthy conduct on the part of the 2nd respondent, adequate police protection shall be afforded to the petitioner on receipt of such complaints, submits the learned Government Pleader. 4. We need only say that such a dispute between the petitioner and the 2nd respondent has to be resolved in accordance with law and neither party can be permitted to take law into their own hands to settle such disputes. We accept the submission of the learned Government Pleader. We are satisfied, WPC 1486/2011 3 in these circumstances, that no further specific directions need be issued. 5. This petition is, in these circumstances, allowed in part to the above extent. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. srd