IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 8563 of 2009(M) ------------------------- PETITIONER(S): ----------------------- ASHRAF V.A., S/O.ABOOBACKER, AGED 47 YEARS, VALLOPPILLIL VEEDU, PONJASSERI PO, PERUMBAVUR. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ----------------------- 1. LATHEEF, S/O.MUHAMMED, MULLAPPILLIL HOUSE, NEDUMTHODU, MUDIKKAL P.O., PERUMBAVUR. 2. SHAMSUDDHIN, S/O.ABDULLA, PADINJARECHALIL, NEDUMTHODU, MUDIKKAL P.O., PERUMBAVUR. 3. SHERIFF, S/O.KOCHUMUHAMMED (MAMMU), CHIRAKKAKUDI, OMA, P.O.VENGOLA, PERUMBAVUR. 4. AFSAL, S/O.SHAMSUDDIN, PADINJARECHALIL, NEDUMTHODU, MUDIKKAL P.O., PERUMBAVUR. 5. MOIDEEN KUNHU, S/O.KHADER, PANCHAYAT MEMBER, OTHIKKALANVEEDU (MATTATHIL), P.O.MUDIKKAL, PERUMBAVUR. 6. ABDULKARAIM, KAINIKKAL VEEDU, P.O.PONJASSERI, PERUMBAVUR. 7. DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVUR. 8. CIRCLE INSPECTOR OF POLICE, PERUMBAVUR. 9. SUB INSPECTOR OF POLICE, PERUMBAVUR. ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE FOR R1 TO R6 SRI.M.A.ABDUL HAKHIM FOR R1 TO R6 SRI.JYOTHISH.J.KALLINGAL FOR R1 TO R6 BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 8563/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE ORDER NO.L5-3625/07/K.DIS. DATED 23.6.2007 OF THE DISTRICT COLLECTOR. EXT. P2 : TRUE COPY OF THE COMPLAINT DATED 2.2.2009 BY THE WIFE OF THE PETITIONER TO THE C.I. OF POLICE, PERUMBAVOOR. EXT. P3 : TRUE COPY OF THE CERTIFICATE NO.VKN/6/08-09 DATED 12.2.2009 ISSUED BY THE AGRICULTURAL OFFICER, MARAMPALLY. EXT. P4 : TRUE COPY OF THE COMPLAINT DATED 2.3.2009 BY THE PETITIONER TO THE DEPUTY SUPERINGENDENT OF POLICE, PERUMBAVOOR. EXT. P5 : TRUE COPY OF THE COMPLAINT DATED 13.2.2009 BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, PERUMBAVOOR. EXT. P6 : TRUE COPY OF TH COMPLAINT DATED 9.3.2009 BY THE PETITIONER BEFORE DIFFERET AUTHORITIES. EXT. P7 : TRUE COPY OF THE POSTAL RECEIPTS DATED 9.3.2009. EXT. P8 : TRUE COPY OF THE RECEIPT DATED 9.3.2009 ISSUED BY THE OFFICE OF THE C.I. OF POLICE, PERUMBAVOOR. EXT. P9 : TRUE COPY OF THE COMPLAINT DATED MARCH, 2009 BY THE PETITIONER BEFRE DIFFERENT POLITICAL AUTHORITIES. RESPONDENTS' EXTS: EXT. R1 (a) : A PHOTOSTAT COPY OF THE MASS PETITION. EXT. R1(b) : A PHOTOSTAT COPY OF THE PLAINT IN O.S. NO.29/2007 ON THE FILES OF THE MUNSIFF'S COURT, PERUMBAVOOR. EXT. R1(c) : A PHOTOSTAT COPY OF THE COMMISSION REPORT AND SKETCH FILED BY THE ADVOCATE COMMISSIONER. EXT. R1(d) : A PHOTOSTAT COPY OF THE PETITION SUBMITTD TO THE 1ST RESPONDENT TO THE DEPUTY SUPERINTENDNT OF POLICE. P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.C. No.8563 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009. JUDGMENT Raman, J, Pursuant to the order dated 8.4.2009, a report has been filed by the Deputy Superintendent of Police, Perumbavoor. We have perused the report. It has been noticed that Crime No. 372 of 2009 is under investigation against the accused person, who is stated to have been destroyed the boundary wall of the petitioner. A civil dispute as O.S. 29 of 2007 is pending, in which the petitioner is the defendant. Some interim order is passed therein. It is submitted that the petitioner is abiding the order of injunction passed. According to him, various allegations raised against him even went to the extent of labeling him as a terrorist and having connection with anti social elements have proved to be false. But still, he is not allowed to live in peace by the miscreants, who are the party respondents and their henchmen. 2. The report shows that one of the respondents are local people having different avocation in life. In the circumstances, all that is required is to direct the police to continue to watch the situation and to maintain law and order. The parties will abide by the orders passed WPC. 8563/2009. 2 by the civil court. The investigation shall be taken to the lgical end and the miscreants will be booked. In case the situation worsens causing any threat to the life or property of the petitioner, it is open to him to approach the Deputy Superintendent of Police straight, whereupon he will look into the matter and issue necessary directions to his subordinates to do the needful. P.R. Raman, Judge P. Bhavadasan, Judge sb.