IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 12308 of 2008(M) -------------------------- PETITIONER: ------------ K. SREEDHARAN, THACHAMVILAKATHU VEEDU, THOZHUKAL, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL. 3. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 4. SUB INSPECTOR OF POLICE, NEYYATTINKARA. 5. S. SREEDHARAN, S/O. SANKARA PILLAI, THACHAMVILAKAM MELETHIL VEEDU, THOZHUKAL, NEYYATTINKARA P.O. 6. BINU, S/O. BABY, THACHAMVILAKAM MELETHIL VEEDU, THOZHUKAL, NEYYATTINKARA P.O. 7. S. BABY, S/O. SANKARA PILLAI, THACHAMVILAKAM MELETHIL VEEDU, THOZHUKAL, NEYYATTINKARA P.O. WPC 12308/08 BY ADV. SRI.K.RAMAKUMAR (SR.) FOR R5 TO 7 SRI.A.SAMEER FOR R5TO7 GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 12308/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE ORDER DATED 24.3.2001 OF THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. EXT.P2 - TRUE COPY OF THE FIR NO.679/03 DATED 6.12.2003 OF THE NEYYATTINKARA POLICE STATION. EXT.P3 - TRUE COPY OF THE FIR NO.44/08 OF THE NEYYATTINKARA POLICE STATION. EXT.P4 - TRUE COPY OF THE COMPLAINT DATED 31.3.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXTS. EXT.R6(a) – TRUE COPY OF THE PETITION DTD. 2.4.2008 FILED BY R6 BEFORE THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. EXT.R6(b) – TRUE COPY OF THE LETTER DTD. 2.1.2008 RECEIVED BY R6 FROM THE DEO. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 12308 OF 2008-M ----------------------------------------- Dated 6th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, praying for a direction to the police to grant protection to his life. The respondents 5 and 7 are brothers. The 6th respondent is the son of the 7th respondent. Those respondents are the persons residing in the neighbourhood of the petitioner. There was some dispute between him and those respondents concerning the cutting and removal of a tamarind tree. Because of the ill-will generated by that dispute, the petitioner submits, he has been manhandled by the persons engaged by the 7th respondent. A crime has been registered by the police against the assailants, as per Ext.P2 FIR. Even thereafter, the threat to the life of the petitioner is continuing. Therefore, he has preferred Ext.P4 representation before the police, seeking protection to his life. Alleging that the police did not take any effective steps, this Writ Petition is filed. This Court on 11.4.2008 passed the following interim order: WPC 12308/08 2 “Heard. If there is any threat to the life of the petitioner from respondents 5 to 7, he may inform the fourth respondent. In that event, the fourth respondent shall look into the same and if the apprehension is found correct, render necessary protection to the life of the petitioner.” 2. The 6th respondent has filed a counter affidavit, denying the allegations against him and respondents 5 and 7. In fact, respondents 5 to 7 are raising counter allegations against the petitioner. The petitioner is unnecessarily harassing them. He is repeatedly filing petitions before various authorities, implicating the said respondents. As part of the harassment, this Writ Petition was also filed, it is submitted. The 6th respondent was instrumental in the recovery of pension payable to physically handicapped persons, wrongly received by the petitioner. Because of the ill-will created out of the recovery, the writ petitioner is unnecessarily harassing them, it is pointed out. 3. The learned Government Pleader, upon instructions, submitted that based on the information lodged by the petitioner, Ext.P2 crime has been registered. In the said crime, none of the party respondents is an accused. The police have summoned the party respondents and strictly warned them and therefore, at present, there is no law and order problem, it is submitted. 4. Having regard to the facts of the case, we feel that the interim order granted by this Court dated 11.4.2008 can be maintained. It is ordered WPC 12308/08 3 accordingly. But, the said order shall not be used by the petitioner to advance his interest in any civil dispute between him and the party respondents. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/