IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 32741 of 2011(P) -------------------------- PETITIONER(S): --------------- 1. ALEXANDER.K.I,S/O.IDICULA,K.V.LAND, VILLOOR,MELILA VILLAGE,KOTTARAKKARA,KOLLAM. 2. ANNAMMA ALEX @ LILLIKUTTY, W/O.ALEXANDER.K.I,K.V.LAND,VILLOOR,MELILA VILLAGE, KOTTARAKKARA,KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD RESPONDENT(S): --------------- 1. THE RURAL SUPERINTENDENT OF POLICE, KOLLAM,AT KOTTARAKKARA-691506. 2. THE SUB INSPECTOR OF POLICE,KUNNICODU POLICE STATION,KOLLAM DISTRICT-691508. 3. SISUPALAN,ETTIVILA VEEDU,VETTIKAVALA.P.O KOLLAM DISTRICT-691538. 4. SOBHANAKUMARI,W/O.SISUPALAN, ETTIVILA VEEDU,VETTIKAVLA.P.O,VILLOOR, KOTTARAKKARA,KOLLAM DISTRICT-691538. 5. GOPALAKRISHNA KURICKAL,PUTHENMADOM VEEDU,KURA.P.O,THALAVOOR,KOLLAM DISTRICT-691557. 6. SURESHKUMAR,KARTHIKA VEEDU, VETTIKAVALA.P.O,VILLOOR,KOLLAM DISTRICT-691538. ADV. SRI.N.NAGARESH FOR R4 & 5 SRI.P.KRISHNA KUMAR (ALAPPUZHA) FOR R6 SR.G.P.SRI.M.K. ABUBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1: THE TRUE COPY OF THE WOUND CERTIFICATE DATED 07.10.2011 ISSUED TO ANEESH. EXT.P2: THE TRUE COPY OF THE DISCHARGE CERTIFICATE NO.C/55734 ISSUED TO ANEESH. EXT-P3: THE TRUE COPY OF THE COMPLAINT BEFORE THE JFCM-III, PUNALUR BY ANEESH DATED 15.10.2011. EXT-P4: THE TRUE COPY OF THE FIS IN CRIME NO.1129/11 OF KUNNIKKODU POLICE STATION. EXT.P5: THE TRUE COPY OF THE ORDER IN BA.9058/11 OF THIS HON'BLE COURT DATED 22.11.2011. EXT.P6: THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT DATED 03.12.2011. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.S. TO JUDGE. CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.32741 OF 2011 ................................................................... Dated this the 22nd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioners, husband and wife, have filed this writ petition seeking the following directions: “1. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to render adequate and effective police protection to the lives and properties of the petitioners' and their family members and to ensure that the peaceful living of the petitioners, family members and the visitors coming therein including the workers shall not be disturbed by the 3rd to 6th respondents and their henchmen. 2. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to avert all kinds of threat being caused by the respondents 3rd to 6th and their henchmen to the lives and properties of the petitioners”. 2. According to the petitioners, there is subsisting threat to their lives and property from the part of the party respondents and the officers of police, respondents 1 and 2, who are duty bound to take action, are not taking any action. A detailed counter affidavit has been filed by W.P.(C).NO.32741 OF 2011 : 2 : respondents 4 and 5. Along with the counter affidavit, they have produced Exts.R4(a) and R4(b). According to them, if the police protection directions sought for are to be issued by this Court, the same will only enable the petitioners to perpetrate further illegalities and continuance of the illegal activities which they are presently indulging in. The submission of the learned counsel for the 6th respondent was that the 6th respondent has been arrayed without any justifiable reason. There was a civil litigation previously between the petitioners and the 6th respondent which ended in favour of the petitioners. It is just for harassment the petitioners that the 6th respondent has been arrayed. 3. Sri. M.K. Aboobacker, learned Senior Government Pleader submitted that Crime No.1129/2011 has been registered against the petitioners for offences under Sections 153 A, 354, 294(b) and 506(2) of the IPC on the basis of the complaint submitted by the party respondents. But on the basis of the private complaint which was forwarded under Section 156(3), Crime No.1147/2011 has been registered against the party respondents. Issuing blanket orders of police protection will stand in the way of the police taking prompt action against the petitioners in case it is noticed that the petitioners have committed offences. W.P.(C).NO.32741 OF 2011 : 3 : 4. Sri. Shabu Sreedharan, the learned counsel for the petitioners, Sri.N.Nagaresh, the learned counsel for respondents 4 and 5, Sri. Krishna Kumar, the learned counsel for the 6th respondent and learned Senior Government Pleader have addressed us in detail. We have scanned the rival pleadings raised by the parties. Having given our anxious consideration to the pleadings raised, the documents placed on record and the submissions addressed at the bar, we are convinced that no warrant is made out for issuance of the specific directions sought for under relief Nos.1 and 2 in the writ petition. We decline the prayers. However, we dispose of this writ petition directing the 2nd respondent to keep constant vigil over the petitioners and the party respondents and ensure by taking prompt action on the basis of the reports received and enquiries conducted, that the dispute between the petitioners and party respondents do not give rise to any law and order problem or eruption of violence in the locality. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl