IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29241 of 2011(E) ----------------------------------- PETITIONER(S): ----------------------- THOLOOR MUHAMMEDALI, AGED 63, S/O. ABOOBACKER, THOLOOR HOUSE, KIZHATTOOR AMSOM, POONTHAVANAM POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001. 2. THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, PERINTALMANNA TALUK, MALAPPURAM DISTRICT, 685606. 3. THOLOOR JAMAL ABDUL NASSER, AGED 41, S/O. MUHAMMEDALI, THOLOOR HOUSE, KIZHATOOR AMSOM POONTHAVANAM POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 685606. R1 & R2 BY GOVT. PLEADER SRI M.K. ABOOBACKER R3 BY ADV. SRI.SAJU.S.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPC NO. 29241 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DOCUMENT BEARING NO. 533/74 OF THE MELATTUR S R O DATED 13/3/74. P2: COPY OF THE POSSESSION CERTIFICATE GIVEN TO THE PETITIONER DATED 24/10/2011. P3: COPY OF THE COMPLAINT OF THE COMPLAINT OF THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 14/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.29241 of 2011 -------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J This is an unfortunate case where the father seeks direction for police protection against the 3rd respondent his own son. It was submitted by Sri.S.A.Saju, the learned counsel appearing for the 3rd respondent that there is no threat at all from the part of the 3rd respondent to the life or limbs of the petitioner. The 3rd respondent does not intend to cause any threat in future. It was also submitted that the 3rd respondent will not have any objection in issuing police protection direction in favour of the petitioner. It was requested that in view of the close relationship between the parties we refer this case to the Kerala Mediation Center for mediation so that all the issues between the father and the son can be amicably settled. 2. Having considered the submission addressed at the Bar and the averments in the writ petition and various documents produced, we are of the view that the writ petition can be disposed of issuing the following directions: W.P(C) No.29241 of 2011 2 i) All the submission of Sri.S.A.Saju, the learned counsel for the 3rd respondent are recorded. ii) If the 2nd respondent receives any complaint in future against the 3rd respondent, the 2nd respondent will conduct immediate enquiry and will take prompt action on the basis of the facts revealed in the enquiry, for protecting the life and limbs of the petitioner. iii) We direct the petitioner to file a petition before the District Legal Services Authority, Manjeri within a period of three weeks from today raise all his grievances against the 3rd respondent. It is open to the 3rd respondent also to file similar petition before the District Legal Services Authority. iv) The District Legal Services Authority on receiving the petition or petitions will consolidate them and list the petitions as PLPs to be placed before one of the Adalath to be conducted by the authority in the near future, so that hopefully all the issues between the father and son will be amicably settled. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab