IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 4564 of 2010(U) ----------------------------------------------- PETITIONER(S): ---------------------- V.SASIDHARAN, AGED 46 S/O.VASUKUTTAN, SASIBHAVANAM, CHELLAMKODE, CHALIYAKKARA PO, THENMALA, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP. BY CHEIF SECRETARY, SECRETARIAT,TRIVANDRUM 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. SUB INSPECTOR OF POLICE THENMALA POLICE STATION. 4. VIJAYAKUMAR, S/O.VASUKUTTAN VIJITH BHAVAN, CHALIYAKKARA. CHELLAMKODE, EDAMON VILLAGE. 5. ANIL KUMAR, S/O VASUKUTTAN, ANILBHAVANAM, NEAR VILAKKUVATTOM SCHOOL VILAKKKUVATTOM PO. R1 TO R3 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 4564 OF 2010 U --------------------------------------------------- Dated this the 22nd February, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “(i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, directing respondents 2 and 3 or the concerned among them to grant adequate and meaningful police protection to the life and property of the petitioner and his family members against the threat and harassment of the 4th and 5th respondents and their henchmen , in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, directing respondents 2 and 3 or the concerned among them, to take such measures to consider Ext.P4 or P6 petitions of the petitioner and issue appropriate directions to grant adequate and WPC.4564/10 U 2 meaningful police protection to the petitioner and his family members against the threat and harassment of the 4th and 5th respondents and their henchmen, in the interest of justice.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the owner of property by way of Settlement Deed No.1720/90 of SRO, Punalur and is residing with his family in twentyfive cents of land. His complaint is that respondents 4 and 5 are doing illegal arrack business and complaints were made by the petitioner and neighbours and there is enmity with the petitioner and his family for the last several years. Ext.P1 is a FIR. There is allegation of incidents having taken place on 30.11.2009 and 04.02.2010. It is also stated that a Suit has been filed as OS.No.9 of 2010 for injunction against trespass and an Advocate Commissioner also was appointed. It is stated that there is threat from respondents 4 and 5 to withdraw the civil suit. 3. We heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader got WPC.4564/10 U 3 instructions and submits that respondents 4 and 5 are brothers of the petitioner and that the matter is a civil dispute. It is also stated that FIR has been registered for attacking the wife of the petitioner and respondents 4 and 5 are now keeping away and at present there is no law and order problem. We record the submission and relegate the petitioner to pursue the remedy available in the civil court. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge