IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 2171 of 2009(H) ------------------------- PETITIONER(S): --------------- ABDUL RASHEED, S/O. MUHAMMED KANNU, AGED 52, RESIDING AT TC NO. 37/145,OLD TC NO. 44/1762 (1), FORT TIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY(REVENUE), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 6. MADHUSOODHANAN PERUMAL, PRESIDENT, PADMA NAGAR RESIDENTS ASSOCIATION, VANCHIYOOR VILLAGE, VANCHIYOOR, THIRUVANANTHAPURAM. 7. SANTHOSH, S/O. KUMARAN, PLOT NO. 56, PADMA NAGAR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 8. LAKSHMI NAIR, D/O. PONNAMMA, SECRETARY, TC NO. 37/158, PADMA NAGAR RESIDENT ASSOCIATION, KOTTAKKAKOM, VANCHIYOOR, THIRUVANANTHAPURAM. ADV. SRI.S.V.BALAKRISHNA IYER FOR R8 SRI.NAGARAJ NARAYANAN FOR R6 TO 8 SRI.PAULY MATHEW MURICKEN FOR R6 TO 8 BY GOVT.PLEADER SRI.T.K.VIPIN DAS BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 2171 OF 2009 ------------------------ Dated this the 22nd day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been filed by the petitioner seeking the following reliefs; i). Call for records in the above case and to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus compelling the 3rd respondent to offer adequate effective and immediate police protection to the family of the petitioner and his sister in law viz. Rehuma Veevi from the threat caused by the respondents 6 to 8 and their men. ii). Issue a writ mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the 3rd respondent to initiate appropriate action in accordance with law against the respondents 6 to 8 and their men so as to prevent the unlawful activities. 2. On considering this writ petition for admission, this court on 21/1/2009 passed the following interim order; "Urgent notice on admission by speed post with A/D to respondents 6 to 8. G.P. to get instructions from respondents 1 to 5. WPC.No.2171/2009 2 Without expressing any opinion regarding the merits of the civil disputes between the parties, police is directed to see that law and order is maintained and lives of both parties are not endangered." 3. The above interim order was in currency all these times. Nobody wanted the above interim order be modified. According to us, the above interim order grants to the parties relief which could legitimately be aspired for. We confirm the above interim order and disposed of this writ petition accordingly. We clarify that the civil disputes if any pending between the parties should be got settled through process of civil court and not through the process of Criminal Court or of the Police . PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.2171/2009 3