IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 4770 of 2010(U) -------------------------------- PETITIONER(S): ------------------- NIZAMUDEEN, S/O.SAINULABDEEN, KOILAKALAZHIKATHU VEETTIL, ALTHARAMOODU, KADAIKAL VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): -------------------- 1. THE S.P.OF POLICE, S.P.OFFICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KADACKAL POLICE CIRCLE OFFICE, KADACKAL. 3. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION. 4. SUBRASIDHAN, S/O.SADANANTHAN, MINI BHAVAN, MADATHARA.P.O, PERINGAMALA, THIRUVANANTHAPURAM DISTRICT. 5. SUDHEESH, S/O.VIDYADHARAN, SHIBU NIVAS, MADATHARA.P.O, PERINGAMALA, THIRUVANANTHAPURAM DISTRICT. 6. SOMADAS, S/O.RAGHAVAN, AROMAL NIVAS, MADATHARA.P.O, CHITHRA. 7. SUBHASHITHAN @ PODIYAN, S/O.SREEDHARAN, CHITRA TEXTILES, MADATHARA.P.O, MADATHARA. 8. ANILKUMAR, S/O.SUKUMARAN, PURAMPOKIL VEEDU, MELEMUKKU, MADATHARA.P.O, MADATHARA. R1 TO R3 BY GOVT.PLEADER SRI.T.K.VIPINDAS R4 TO R8 BY ADVS. SRI.ALAN PAPALI SRI.SOJAN MICHEAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 4770/2010(U) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DATED 22/12/2009 PASSED BY THIS HON'BLE COURT IN WPC NO.35347/2009. P2: COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF COURT KOTTARAKKARA IN I.A. NO. 2042/2009. P3: COPY OF THE COMPLAINT FILED BEFORE THE RESPONDENTS NO.1. P4: COPY OF THE COMPLAINT FILED BEFORE THE RESPONDENTS NO.3. P5: COPY OF THE COMPLAINT FILED BY THE GENERAL SECRETARY OF THE K.V.V.E.S., KOLLAM BEFORE THE 1ST RESPONDENT. P6: COPY OF THE COMPLAINT C.M.P. NO. 12068/2009 FILED BY THE PETITIONER BEFORE THE MAGISTRATE COURT, KOTTARAKKARA. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE CERTIFICATE ISSUED TO THE 7TH RESPONDENT SUBHASHITHAN WHO IS THE OWNER OF CHITRA TEXTILES SIGNED BY THE DISTRICT PRESIDENT, DISTRICT SECRETARY, STATE PRESIDENT, STATE GENERAL SECRETARY, STATE TREASURER, MADATHARA UNIT PRESIDENT AND MADATHARA UNIT SECRETARY. R5(b):COPYOF THE CERTIFICATE ISSUED BY THE KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, MADATHARA UNIT SIGNED BY THE PRESIDENT, GENERAL SECRETARY AND TREASURER DATED 28/02/2010 TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.4770 of 2010 ***************************** Dated this the 5th day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India seeking directions to respondents 1 to 3 to afford protection for the petitioner against the culpable and contumacious acts of respondents 4 to 8. 2. There is evidently a dispute between the petitioner and the party respondents 4 to 8. The petitioner along with others had initiated O.S.No.335 of 2009 against the brother of the 5th respondent. An interim order has been passed by the Munsiff's Court, Kottarakkara in favour of the petitioner herein, it is submitted. The petitioner came to this Court later with W.P.(c) No.35347 of 2009 seeking police protection against the apprehended culpable conduct from respondents 4 to 8. That petition was disposed of by Ext.P1 judgment dated 22.12.2009. W.P(C) No.4770 of 2010 2 3. The petitioner has again come to this Court with the grievance that in spite of the undertaking given in Ext.P1 order, the party respondents herein are indulging in contumacious, culpable and violent conduct. He prays that respondents 1 to 3 may be directed to grant protection to the petitioner. 4. Respondents 4 to 8 have entered appearance through their counsel. The learned counsel for respondents 4 to 8 submits that Ext.P1 direction issued by this Court is more than sufficient to allay the apprehension of the petitioner. No incident had taken place subsequently which can even remotely suggest that the undertaking given by respondents 4 to 8 herein before this Court had been violated. The petitioner is attempting to steal a march over respondents 4 to 8 by securing an order for police protection in his favour. Respondents 4 to 8 do not intend and shall not in any way indulge in culpable, contumacious or violent conduct against the petitioner herein. 5. The learned Government Pleader after taking instructions from respondents 1 to 3 submits that to the knowledge of the police, the directions in Ext.P1 judgment have not been violated. No complaint has been received by the police of any alleged violation of the undertaking in Ext.P1. The learned Government Pleader points out that interim directions W.P(C) No.4770 of 2010 3 were issued in this Writ Petition by this Court on 23.12.2010. That order reads as follows: “The learned G.P takes notice for respondents 1 to 3. Service is complete. The learned counsel for respondents 4 to 8 submits that they deny the allegations raised against them. It is further submitted that they will not obstruct the working of the petitioner's shop situated at Madathara Junction in room Nos.768 and 769. We record the submission. Call on 03.01.2011.” 6. The learned Government Pleader submits that if there be any objectionable conduct on the part of respondents 4 to 8 in violation of the undertaking given to the Court recorded in Ext.P1 judgment and on 23.12.2010, the police shall take necessary action to provide protection to the petitioner. 7. We have considered all the relevant circumstances. We are not satisfied that anything has transpired after Ext.P1 which can persuade us to issue more specific and definite directions regarding police protection. We accept the undertaking of respondents 4 to 8. We accept the submission of the learned Government Pleader that the needful shall be done if there is any genuine complaint by the petitioner against any contumacious and culpable conduct on the part of respondents 4 to 8. W.P(C) No.4770 of 2010 4 8. Accepting those submissions/undertaking, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/