IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 8519 of 2008(L) ------------------------- PETITIONER(S): --------------- E.RAJAN MENON S/O. LATE UDAYAVARMAN TIRUMULPAD, SREEVALSAM, RAJABHAVAN COMPLEX, MANGALAM ROAD, PO KALLAYI, KOZHIKODE 673 003. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MANJERI. 3. THE SUB INSPECTOR OF POLICE, MANJERI. 4. K.P.SASI S/O. NARAYANAN NAIR,PUTHEN VEETTIL HOUSE, PO POOKOTTUR, MALAPPURAM DISTRICT. 5. K.P.RAJENDRAN S/O. NARAYANAN NAIR, PUTHEN VEETTIL HOUSE, PO POOKOTTUR, MALAPPURAM DISTRICT. 6. K.P.VIJAYAN S/O. NARAYANAN NAIR, PUTHEN VEETTIL HOUSE, PO POOKOTTUR, MALAPPURAM DISTRICT. ADV. SRI.P.V.KUNHIKRISHNAN FOR R4 TO R6 SHRI.BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8519/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PARTITION DEED 14/12/1970 IN RESPECT OF THE PROPERTIES OF THE PETITIONER. P2 : COPY OF JUDGMENT IN O.S.NO.12/1979 OF THE HONOURABLE SUB COURT, MANJERI. P3 : COPY OF ORDER DATED 31/01/1958 OF THE EXECUTIVE FIRST CLASS MAGISTRATE, MALAPPURAM. P4 : COPY OF ORDER DATED 22/09/1959 OF THE SUB COLLECTOR, MALAPPURAM. P5 : COPY OF JUDGMENT DATED 21/10/2005 IN WPC NO.22950/2005 OF THIS HONOURABLE COURT. P6 : COPY OF JUDGMENT DATED 17/02/2006 IN O.S.NO.84/2005 OF THE HONOURABLE SUB COURT, MANJERI. P7 : COPY OF THE REPORT OF THE BALKU'S SCAN PVS HOSPITAL (P) LTD. P8 : COPY OF FIR IN CRIME NO.103/08 OF MANJERI POLICE. P9 : COPY OF COMPLAINT OF THE PETITIONER'S WIFE BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DATED 18/02/2008. P10 : COPY OF COMPLAINT SUBMITTED BY THE WIFE OF THE PETITIONER TO THE THIRD RESPONDENT DATED 20/02/2008. RESPONDENT'S EXHIBITS R4(a) : COPY OF THE PLAINT IN I.S.120/2008 ON THE FILE OF THE MINSIFF COURT, MANJERI. //TRUE COPY// PA TO JUDGE. jg K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------- WP(C) No.8519 of 2008 --------------------------------- Dated, this the 23rd day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking directions to respondents 1 to 3 to afford protection to the lives of him and his wife and also to their properties covered by Exts.P1 and P2. The respondents 4 to 6 have filed a counter affidavit denying the allegations against them. They stated therein that they have not caused any damage to the properties of the petitioner or threatened the petitioner or his wife. If the properties of the petitioner is affected by any of the actions of the party respondents, the remedy of the petitioner is to move the Civil Court and get appropriate orders. Ext.P10 is the complaint filed by the wife of the petitioner before the police seeking police protection. On going through it, we find that there is only WP(C) No.8519/2008 -2- an isolated incident described therein concerning causing damage to a compound wall. No cause of action is disclosed in Ext.P10 for ordering protection to the lives of the petitioner and his wife. Admittedly, they are residing at Calicut. In view of the above position, this writ petition is closed without prejudice to the contentions of the petitioner and his right to move other forum for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) jg