IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 7702 of 2008(P) ------------------------- PETITIONER: ------------ HARSHA KUMAR.E.K., AGED 62, S/O.LATE KESAVAN, HARSHA NIVAS, EZHUKONE P.O NOW RESIDING AT VIMPY LODGE KARICODE T.K.M.C P.O., KOLLAM - 5. BY ADV. SRI.H.HARIKUMAR (KOLLAM) RESPONDENTS: ------------- 1. ANIL KUMAR.K., AGED 41, S/O.KUNJA PILLAI, GOWREESHAM (THOPPIL VEEDU) AYITHOTTUVACHERRI, WEST KALLADA, KUNNATHOOR, KOLLAM. 2. SREEKUMAR C.K., AGED 50, S/O.KUNJU PILLAI, CHANDRA VILASOM (THOPPIL) AYITHOTTUVA, WEST KALLADA, KUNNATHOOR, KOLLAM. 3. JAYARAJ K., S/O.KUNJU PILLAI, CHANDRAVILASOM (THOPPIL), AYITHOTTUVA WEST KALLADA, KUNNATHOOR, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, KILIKOLLOR POLICE STATION. 5. THE CIRCLE INSPECTOR OF POLICE, KUNDARA. 6. THE SUPERINTENDENT OF POLICE, KOLLAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM. ADV. SRI.BECHU KURIAN THOMAS – R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 7702/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT AND RECEIPT OF POLICE DATED 3.3.2008. RESPONDENTS' EXTS. EXT.R1(b) – TRUE COPY OF THE ORDER DATED 27.2.2008 IN IA NO.1047/08 IN O.S.149/2008 BEFORE THE SUB COURT, KOLLAM. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 7702 OF 2008-P ----------------------------------------- Dated 27th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection to protect his life from the alleged threat from the part of respondents 1 to 3. The said respondents are the brothers of his wife. He submits, he is staying in a lodge. He is suffering from various ailments. Recently, he sold a property owned by him. The respondents 1 to 3 wanted to get that property. Feeling aggrieved by the sale of the property, they have started threatening and harassing him. A person stated to be their agent visited him in the lodge on 2.3.2008 and threatened to do away with him within four days. Thereupon, he filed Ext.P1 representation before the C.I of Police, Kundara. Since the police did not take any action, this writ petition is filed, seeking the following relief: “Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 4th, 5th & 6th respondents to provide effective and adequate police protection to the petitioner from the threat of life by the 1st, 2nd & 3rd respondents.” WPC 7702/2008 2 2. The learned Government Pleader submitted that the petitioner is living under the jurisdiction of Kilikollor Police Station and not Kundara Police Station. Upon receipt of the notice in this writ petition, an enquiry was made by the police and it was found that all the allegations are unfounded. No one has filed any complaint before the local police concerning the threat to the life of the petitioner. 3. A counter affidavit has been filed on behalf of respondents 1 to 3. According to them, a property over which they claim title and possession, has been sold by the petitioner fraudulently to one Mr.Viswanathan, who is a known depredator of Sasthamcotta Police Station. Thereupon the said respondents filed O.S.No.149/2008 before the Sub Court, Kollam, which granted Ext.R1(a) interim order of status quo. The petitioner has approached this Court, suppressing the above facts. It is also submitted that they have no intention whatsoever to threaten or harm the petitioner. 4. We heard the learned counsel on both sides. We record the submission of respondents 1 to 3 that they have no intention whatsoever to threaten or harm the petitioner. Having regard to the nature of the allegations and counter allegations, we feel that this is not a case where any direction as prayed for to the police is warranted. But, having regard to the WPC 7702/2008 3 health condition of the petitioner, if there is any threat from the part of any one, he may inform the 4th respondent. In that event the 4th respondent shall enquire into the same and if the complaint is found genuine, take necessary action in accordance with law. But this protection shall in no way be used for tilting the balance in the civil dispute. In other words, the police shall not extend any help to the petitioner to violate or subvert the order of the civil court. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/