IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 19547 of 2010(P) ----------------------------------------------- PETITIONER(S): ---------------------- M.I.PAPPACHAN, S/O.ITTOOP, MANJOORAN HOUSE, POYYA P.O., PIN-680733, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ---------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MALA, PIN-680 732, THRISSUR DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKKUDA, PIN-680121, THRISSUR DISTRICT. 3. GIREESH, S/O.KRISHNAN NAMBOOTHIRI, KUNNAPPILLI, POYYA, PIN-680733, THRISSUR DISTRICT. 4. SUNIL KUMAR, S/O.GOPALAN NAIR, PLAVILA HOUSE, POYYA, PIN-680733, THRISSUR DISTRICT. 5. NISHANTH GOPI, S/O.GOPI, KIZHUTHUPARAMBIL HOUSE, POYYA, PIN-680733, THRISSUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R3-5 SRI.K.RAVI (PARIYARATH) FOR R3-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.19547 OF 2010 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE BUILDING TAX RECEIPT NO.54 DATED 27.01.2000 ISSUED BY THE POYYA GRAMA PANCHAYATH. EXT.P2 TRUE COPY OF THE NOTICE ISSUED BY THE JFCM COURT, CHALAKKUDY UNDER SECTION 173 OF THE CR.P.C. EXT.P3 TRUE COPY OF THE CERTIFICATE DATED 08.02.2010 ISSUED BY THE POYYA GRAMA PANCHAYATH PRESIDENT. EXT.P4 TRUE COPY OF THE CERTIFICATE DATED 25.02.2010 ISSUED BY THE VETERINARY SURGEON, POOPATHY ADDRESSED TO THE SUB INSPECTOR OF POLICE, MALA CERTIFYING ABOUT THE DAMAGES CAUSED TO THE PETITIONER ON ACCOUNT OF FIRE ACCIDENT. EXT.P5 TRUE COPY OF THE FALSE COMPLAINT DATED 08.03.2010 FILED BY RESPONDENTS 3 TO 5 AND THEIR HENCHMEN. EXT.P6 TRUE COPY OF THE COMPLAINT DATED 12.06.2010 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & T.R. RAMACHANDRAN NAIR, JJ. ----------------------------------------- W.P.(C).NO. 19547 OF 2010 P ------------------------------------------ Dated this the 13th, September, 2010. JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is as follows: “Issue a writ of mandamus or any other appropriate writ commanding the 1st and 2nd respondents to provide proper and adequate protection to the life of the petitioner and his employees engaged in the poultry farm conducted by the petitioner.” 2. We heard the learned counsel appearing for the parties. As of now, there is no licence as such in favour of the petitioner. No doubt, a Writ Petition is said to be pending wherein the claim is that the petitioner had a deemed licence. There has been no adjudication of the issue as of now and we cannot at present find fault with the Police Officers in refusing police protection, since the matter itself is in consideration before the Court. Without WPC.NO.19547/2010 P 2 prejudice to the right of the petitioner to approach this Court again, if need arises, we dispose of the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= T.R. RAMACHANDRAN NAIR, JUDGE kbk. //True Copy// PS to Judge