IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 27878 of 2010(H) ------------------------ PETITIONER : ------------------ BENJAMIN, 62 YEARS, S/O.PETER RAPHAEL, PANDARAPARAMBIL HOUSE (CC 14/1352A), POLAKANDOM, KOCHI-682 005. BY ADVS. SMT.PRAMEELA.C.K. SRI.B.R.MURALEEDHARAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. ASST.COMMISSIONER OF POLICE, MATTANCHERY, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, ERNAKULAM. 4. GREGORY, AGED 63 YEARS, FATHER'S NAME NOT KNOWN, KALLARACKA PRAMBIL, CC 14/1391, POLAKANDOM, KARUVELIPADY, KOCHI-5. 5. SUDARSANAN @ SUDHAN, AGED 56 YEARS, S/O.KANNAPPAN, ETTUKANDATHIL HOUSE, NEAR JOB JEWELLARY, POLAKANDOM, KARUVELIPADY, KOCHI-5. 6. SUJESH, AGED 28 YEARS, S/O.SUDARSANAN, ETTUKANDATHIL HOUSE, NEAR JOB JEWELLARY, POLAKANDOM, KARUVELIPADY, KOCHI-5. ...2/- WP(C).No. 27878 of 2010(H) -2- 7. SUJITH, AGED 26 YEARS, S/O.SUDARSANAN, ETTUKANDATHIL HOUSE, NEAR JOB JEWELLARY, POLAKANDOM, KARUVELIPADY, KOCHI-5. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS R4 TO R7 BY ADVS. SRI.D.PEETHAMBARAN SRI.C.K.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 27878 of 2010(H) -3- APPENDIX PETITIONER'S EXHIBITS : EXT. P1: COPY OF THE RELEVANT PAGE OF THE MALAYALA MANORAMA DAILY, 19.1.2009. EXT.P2: COPY OF THE COMPLAINT DATED, 24.7.2010 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMPLAINT DATED, 25.8.2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE COMPLAINT DATED, 31.8.2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.27878 OF 2010 ------------------------------------------- Dated this the 28th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Petitioner and respondents 4 to 7 are stated to be neighbours. According to the petitioner, the private respondents are in the habit of consuming liquor and causing nuisance to the petitioner, including by abusing him in vulgar language. He also alleges that they had poured kerosene oil on coconut trees belonging to him. With this, learned Government Pleader submits that Ext.P4 was looked into and parties were called for a settlement on 6.9.2010. Learned counsel for the petitioner refutes the said stand of the learned Government Pleader. We find that this writ petition was filed on 7.9.2010. Learned counsel for the private respondents state that his clients have no intention to create any nuisance or damage to the property of the petitioner and that they would not in any manner cause any WPC.27878/10 2 threat to the person or property of the petitioner. This submission is recorded. With this, we direct the petitioner and respondents 4 to 7 to appear before the Assistant Commissioner of Police in his office on 6.10.2010, on which day, they will be given appropriate time and date for being heard by the Assistant Commissioner. The said officer will look into the complaints and issue necessary directions to ensure that peace and tranquility is maintained and law and order ensured. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.29/09.