IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 33521 of 2010(M) ---------------------------------- PETITIONER(S): ------------------- G-SPA, NO.103 A, ROSE COTTAGE, PERIYAR GARDEN, THUDETHINKADAVU, VARAPUZHA REPRESENTED BY ITS PROPRIETOR AHAMMED SHAMEER, S/O.MUHAMMED KUNJU, AGED 34 YEARS. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------------- 1. ALEX MATHEW, AGED 30 YEARS, RESIDING AT ODIKANTTATHIL HOUSE, KURIANNOOR P.O., PATHANAMTHITTA-689 645. 2. SURAJ.P.S, AGED 20 YEARS, MANI BHAVAN, THANEERMUKKAM P.O., CHERTHALA, ALAPPUZHA-688 001. 3. LOYED.V.K, AGED 20 YEARS, VALAPPUKANDATHIL HOUSE, MADAI P.O., NEAR CSI CHURCH, MADAI, KANNUR-671 321. 4. CIRCLE INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, ERNAKULAM-683 517. 5. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA - 682 031. R4 & R5 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.33521/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT WITH COPY TO THE FOURTH RESPONDENT DATED 24/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 33521 OF 2010 M ----------------------------------------------------------- Dated this the 25th March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions to respondents 4 and 5 to afford police protection to the petitioner against attack on the petitioner threatening his life and person by respondents 1 to 3. 2. According to the petitioner he runs an institution by name G-SPA. His institution also trains students in Spa Therapy. Respondents 1 to 3 are former students of the institution run by the petitioner. Between the petitioner and the respondents there are certain disputes. Petitioner had occasion to complain against respondents 1 to 3. 3. Enraged by such action taken by the petitioner respondents 1 to 3 are indulging in violent, contumacious and culpable activities against the petitioner and his establishment. Life and person of the petitioner may be protected. Any attack against the institution of the petitioner may be prevented. Police may be directed to afford adequate protection, it is prayed. WPC 33521/2010 2 4. Respondents 1 to 3 though served have not chosen to enter appearance. Interim order as prayed for was granted on 20-12-2010. The period has expired. It has not been further extended. 5. The learned Govt. Pleader after taking instruction from respondents 4 and 5 submits that in the perception of the police officials there is no surviving threat to the life or person of the petitioner that is proprietor of G-SPA. Though it is said that threats have been flowing in over telephone there is no actual threat against the petitioner's life or property. If there be any such threats, police shall take necessary action against respondents 1 to 3. No directions under Art.226 are in these circumstances necessary now submits the learned Govt. Pleader. 6. We find force in the submission of the learned Govt. Pleader. We are not persuaded to perceive the necessity for issue of any directions under Art.226 now. We accept the submission/undertaking of the learned Govt. Pleader. This petition is accordingly dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 33521/2010 3 WPC 33521/2010 4