IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 37786 of 2010(W) -------------------------- PETITIONER: --------------- GEORGE VEERAN, S/O.GEORGE, MUNDAKATHIL PUTHEN PARAMBIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ---------------------- 1. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA- 689001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA-689121. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA 689121. 5. THE SUB INSPECTOR OF POLICE, PULIKEEZHU POLICE STATION, PULIKEEZHU- 689623. 6. C.J.KUNJACHAN, CHALANADIYIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM, PIN 689621. 7. C.J.ANIYAN, CHALANDIYIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM, PIN 689621. 8. C.J.BABY, CHALANADIYIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM 689621. WP(C).No. 37786 of 2010(W) --------------------------------------- 9. C.J.BAPPU, CHALANADIYIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM, PIN 689621. 10. C.J.THANKACHAN, CHALANADIYIL HOUSE, KIZHAKKUMBHAGOM P.O., NIRANAM, PIN 689621. BY GOVERNMENT PLEADER, SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37786 of 2010(W) ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE REPRESENTATION DATED 16.12.2010 SUBMITTED BY THE ETITIONER BEFORE RESPONDENT NO.1. EXT.P2. COPY OF THE REPRESENTATION DATED 16.12.2010 SUBMITTED BY THE ETITIONER BEFORE RESPONDENT NO.2. EXT.P3. COPY OF THE REPRESENTATION DATED 16.12.2010 SUBMITTED BY THE ETITIONER BEFORE RESPONDENT NO.3. EXT.P4. COPY OF THE REPRESENTATION DATED 16.12.2010 SUBMITTED BY THE ETITIONER BEFORE RESPONDENT NO.4. EXT.P5. COPY OF THE REPRESENTATION DATED 16.12.2010 SUBMITTED BY THE ETITIONER BEFORE RESPONDENT NO.5. EX.P6. COPY OF THE POSTAL RECEIPTS EVIDENCING DESPATCH OF EXTS. P1 TO P5. RESPONDENTS' EXHIBITS : NIL -------------------------------------- / TRUE OPY / P.A. TO JUDGE VK R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:37786 OF 2010 U ----------------------------------------------------------- Dated this the 6th January, 2011. JUDGMENT Basant, J. The petitioner has come to this Court complaining that respondents 6 to 10 are indulging in illegal contumacious, culpable and violent acts against the petitioner and his relatives and that consequently the petitioner's right to move about is infringed. Complaints to the police have fallen on deaf ears. The police may be directed under Art.226 to provide protection to the petitioner. This in short is the prayer. 2. Notice was issued. Respondents 6 to 10 have been served. They have not entered appearance. The learned Govt. Pleader has entered appearance for respondents 1 to 5. The learned Govt. Pleader submits that the petitioner and relatives on the one hand and respondents 6 to 10 on the other are involved in a civil dispute. Complaints have been received from both sides and necessary action has already been taken by the police. Crimes have been registered. Investigation is in progress. The learned Govt. Pleader submits that respondents 1 WPC 37786/2010 2 to 5 do not perceive any threat to the life of the petitioner and his relatives. If there be any such threat necessary protection shall be afforded to the petitioner and relatives, submits the learned Govt. Pleader. The learned Govt. Pleader points out that when the matter came up on 22/12/2010 this Court had issued the following interim direction:- “Government Pleader takes notice for respondents 1 to 5. Notice by special messenger to respondents 6 to 10, returnable by 22/12/2010. In the meantime, learned Govt. Pleader submits that as and when required, respondents 4 and 5 will give protection for the life of the petitioner, his wife and children as against respondents 6 to 10.” That submission was recorded by the Bench on 20/12/2010. 3. The learned Govt. Pleader submits that the said interim directions may be recorded and made absolute. We are satisfied that in the absence of any objections from respondents 6 to 10 necessary directions can be issued. 4. In the result this petition is allowed in part. We accept the undertaking of respondents 4 and 5 that necessary WPC 37786/2010 3 protection shall be given to petitioner, his wife and his children as against respondents 6 to 10. It is accordingly directed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 37786/2010 4