IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 7597 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------ 1. CHAMMUNNI, AGED 60 YEARS, S/O.APPUCHAMI, SHAJI NIVAS, THENKURUSSI PANCHAYATH, ALATHUR TALUK, PALAKKAD DISTRICT. 2. SHAJI, AGED 28 YEARS, S/O.CHAMMUNNI, SHAJI NIVAS, THENKURUSSI PANCHAYATH, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PALAKKADU. 2. THE CIRCLE INSPECTOR, KUZHALMANNAM POLICE STATION, KUZHALMANNAM,PALAKKADU. 3. THE STATION HOUSE OFFICER, KUZHALMANNAM POLICE STATION, KUZHALMANNAM,PALAKKADU. 4. RAJAN, AGED 65 YEARS, S/O.APPUCHAMI, KARIPPANKULANGARA HOUSE, P.O.THENKURUSSI, PALAKKADU. 5. REJI, AGED 32 YEARS, S/O.RAJAN, KARIPPANKULANGARA HOUSE, P.O.THENKURUSSI, PALAKKADU. 6. DEVAN, AGED 40 YEARS, S/O.PAZHANIMALA, KARIPPANKULANGARA HOUSE, P.O.THENKURUSSI, PALAKKADU. Kss ..2/- ..2... WPC.NO.7597/2011 Y 7. CHANDRAN, AGED 50 YEARS, S/O.PUNCHU, KARIPPANKULANGARA HOUSE, P.O.THENKURUSSI, PALAKKADU. 8. AJAY, AGED 20 YEARS, S/O.UNNIKRISHNAN, KARIPPANKULANGARA HOUSE, P.O.THENKURUSSI, PALAKKADU. 9. STATE OF KERALA, REPRESENTED BY IT'S SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 TO R3 & R9 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R4 TO R8 BY ADVS. SRI.P.B.KRISHNAN, SMT.GEETHA P.MENON, SRI.P.B.SUBRAMANYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7597/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DTD. 25/02/09. P2: COPY OF THE COMPLAINT DTD. 20/04/2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE COMPLAINT DTD. 27/02/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:7597 OF 2011 ----------------------------------------------------------- Dated this the 4th April, 2011. JUDGMENT Basant, J. Petitioners, a father and son have come before this Court seeking issue of directions to respondents 1 to 3 to afford protection to the petitioners - for their life and person against illegal, wanton and violent conduct apprehended from respondents 4 to 8. 2. According to the petitioners they want to execute a decree in their favour. Respondents 4 to 8 are threatening them against execution of such decree. They are threatened with dire consequences if they attempt to execute the decree. It is in these circumstances that the petitioners have come before this Court complaining about the threat emanating from respondents 4 to 8 in their attempt to execute a decree. 3. Respondents 4 to 8 have entered appearance. The learned counsel for respondents 4 to 8 submits that there is not one decree in favour of either petitioners in which respondents 4 to 8 are the judgment debtors. The learned counsel submits that WPC 7597/2011 2 the first petitioner is a retired police official. He wants to arm himself with an order of police protection so that he can use the same conveniently to harass the party respondents. In these circumstances it is prayed that no directions under Art.226 deserve to be issued in favour of the petitioners against respondents 4 to 8. Respondents 4 to 8 have no intention to cause any harm or threat to the life or person of the petitioners. They are at liberty to execute any decree which they have obtained against any of the respondents. The allegations are totally false and are intended only to vex and harass respondents 4 to 8 submits the learned counsel. 4. The learned Govt. Pleader after taking instructions from respondents 1 to 3 submits that in the perception of the police officials there is no threat to the life or person of the petitioners from respondents 4 to 8. If there be any such threat the same can be brought to the notice of respondents 1 to 3 who shall be taking appropriate and necessary action promptly. 5. We have considered all the relevant inputs. We are not persuaded to agree that any particular or specific directions deserve to be issued to respondents 1 to 3. We accept the WPC 7597/2011 3 submissions of the learned Govt. Pleader. This petition in these circumstances is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7597/2011 4