IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26572 of 2009(N) -------------------------- PETITIONER(S): --------------- A.A.XAVIER S/O.APPU, AGED 80 YEARS,AZHIKKAKATH HOUSE, THAMMANAM,PALARIVATTOM,KOCHI-25. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM ,KOCHI-25. 2. THE COMMISSIONER OF POLICE, COMMISSIONERATE OF POLICE, HIGH COURT JUNCTION, KOCHI-31. 3. A.A.PHELIX, S/O.APPU,AZHIKKAKATH HOUSE CHITTOOR PO,ERNAKULAM. 4. JOSE PHELIX, S/O A.A.PHELIX, AZHIKKAKATH HOUSE CHITTOOR PO,ERNAKULAM. ADV. SMT.R.PADMAKUMARI FOR R3-4 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26572/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REPRESENTATION DATED 20-9-2009 FILED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.26572 of 2009 ----------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph,J. Petitioner, who is aged around 80 and who is the elder brother of the 3rd respondent, has filed this petition seeking police protection against his younger brother the 3rd respondent and his son the 4th respondent. Finding that essentially there is a family dispute we directed the parties to be present before this court. We had the assistance of Sri.Sreelal Warrier, as Mediator. The Mediator has reported that the matter has been settled between the parties. The following are the terms of settlement. 1. The petitioner and the 3rd and 4th respondents recognize the need for amicable settlement of the disputes between them to avoid recurring unpleasant instances leading to strained relationship. 2. The parties have agreed to exercise self restraints and avoid further unpleasant situations during family reunions and other functions and outside. 3. The petitioner agrees to withdraw the present petition in the circumstances. W.P(C)No.26572 of 2009 -:2:- However, the petitioner, who is present today, submits that he is not prepared to go by the terms of settlement. He submitted that he apprehends threat to his life and members of his family and hence this court may allow the writ petition. Counsel for respondents 3 and 4 submits that the threat is actually from the petitioner to them and they require the protection of the Police against apprehended attack of the petitioner. Having heard counsel on both sides we find that both parties are not prepared to purchase peace by settling their otherwise minor differences. Essentially there is no serious dispute between them. Hopefully, the well meaning elders of the family of the parties or the elders in the locality will be in a position to intervene and make an attempt for reconciliation. The sad fact remains that their ego clash has caused head ache to the Police and has caused disturbance in the society. Therefore, we dispose of the writ petition as follows. It will be open to the petitioner or respondents 3 and 4 to approach the second respondent for Police protection in the event of any threat W.P(C)No.26572 of 2009 -:3:- to the life and property of either of them or members of their family, in which case the second respondent will take steps to render necessary assistance to the parties at the expense of the party who requests for the Police protection. The petitioner and the 3rd respondent will pay an amount of Rs.1,500/- each to the Mediator towards remuneration within two weeks from today. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.26572 of 2009 ---------------------------- JUDGMENT 1st October, 2009