IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 3731 of 2008(T) ------------------------- PETITIONER: ------------ POLY THOMAS, S/O.K.P.THOMAS, KOZHUPPAKKALATHIL PANDRANDIL, CHEKKIDIKKAD PO., EDATHUVA. BY ADV. SRI.K.HARILAL RESPONDENTS: ------------- 1. THE RETURNING OFFICER/DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, OFFICE OF DISTRICT SCHEDULED CASTE, DEVELOPMENT OFFICE, MULLACKAL, ALAPPUZHA. 2. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 3. SUB INSPECTOR OF POLICE, EDATHUVA. 4. REJI P.VARGHESE, POOVATHUKUNNEL, KOYIMUKKU, PANDANKARA P.O., EDATHUVA. 5. K.K.RAJENDRAN, VEZHAPPARA, RAMANKARY P.O. BY GOVT. PLEADER SRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 3731/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 & 3 DATED 24.1.2008. EXT.P2 - TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 24.1.2008. EXT.P3 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.1.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 3731 OF 2008-T ----------------------------------------- Dated 8th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner approached this Court, praying to issue a writ of mandamus against respondents 2 and 3, to provide adequate police protection to all polling stations of Pacha Division of Champakkulam Block Panchayat for the election scheduled to be held on 7.2.2008, by deploying sufficient police force. He also sought the following interim relief: “For the reasons stated in the writ petition and accompanying affidavit, it is humbly prayed that this Honourable Court may be pleased to direct the respondents 2 and 3 to provide adequate police protection to all polling stations of Pacha Division of Champakkulam Block Panchayat on 7.2.2008 by deploying sufficient police force enabling voters to cast their votes freely and without fear, pending disposal of this Writ Petition.” Notice was ordered in the writ petition by special messenger on 31.1.2008. This Court passed an interim order, granting the interim relief as prayed for, on 5.2.2008. When the writ petition came up for hearing today, the learned WPC 3731/2008 2 counsel for the petitioner submitted that protection as directed by this Court was not granted. The petitioner's agent was not permitted to enter the polling booth. His election office was destroyed by some miscreants. But, the police did not take any effective action to prevent the same. The learned Government Pleader wanted time to get instruction on the above aspect. 2. Since the election is already over, this writ petition is closed without prejudice to the contentions of the petitioner and his right to work out his remedies, if there was failure of duty from the part of the police to grant protection, notwithstanding the direction of this Court. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/