IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11952 of 2010(T) -------------------------------------- PETITIONER(S): ----------------------- JANARDHANAN NAIR, S/O.SREEDHARAN PILLAI, AGED 84 YEARS, VILAYIL VILLA, PARUMALA MURI, KADAPPURA VILLAGE,THIRUVALLA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA , REPRESENTED BY THE CHIEF SECRETARY, STATE SECRETRIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, AMBALAPUZHA POLICE STAION. 4. SHANTHI, W/O.SUNDARESAN, PUTHENPARAMBIL, THOTTAPPALLY P.O., ALAPPUZHA-688522. 5. INDIRA, W/O.BABU, PUTHENPARAMBIL, THOTTAPPALLY P.O.,ALAPPUZHA-688522. 6. BHARGAVAN, S/O.CHELLAPPAN, PUTHENPARAMBIL, THOTTAPPALLY P.O.,ALAPPUZHA-688522. 7. GOPALAKRISHNAN, S/O.SREEDHARAN, PUTHENPARAMBIL, THOTTAPPALLY P.O.,ALAPPUZHA-688522. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.11952 of 2010-T ---------------------------------------------- Dated, this the 6th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief:-- “to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 to afford adequate and effective police protection to the life of the petitioner and the property covered by Ext.P1.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner is the father of one Shajikumar, who is abroad. In the absence of Shajikumar the petitioner is looking after the property covered by Ext.P1 tax receipt. It is stated that at the request of certain people who are having properties on the south-west for construction of houses under the Tsunami Rehabilitation Programme to provide temporary access through Ext.P1 property, Ext.P2 agreement was executed. On the basis of Ext.P2 agreement it is agreed that by 15.10.2009 the boundary walls removed will be restored. WPC 11952/2010 -2- On account of breach of Ext.P2 agreement petitioner started construction of the boundary wall which is obstructed. Petitioner filed Ext.P3 suit and obtained Ext.P4 injunction order. Thereafter, theft of materials of the petitioner was committed and the petitioner was threatened. 3. We notice that Ext.P4 is only an exparte order dated 25.2.2010. The writ petition is disposed of without prejudice to the right of the petitioner to seek such remedies as advised before the Civil Court. As regards the complaint of theft it is open to the petitioner to seek appropriate remedies under the law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS