IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28474 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------ MOIDEEN KUTTY , S/O.KUTTYALI,AGED 56 YEARS, SAMA NIVAS, SREEKANDAPURAM P.O, SREEKANDAPURAM AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVAN UNNI RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM .PIN-695 001. 2. SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, BADIADKA P.O, KASARAGOD DISTRICT.PIN- 671 541. 3. SUPERINTENDENT OF POLICE KASARAGOD DISTRICT .PIN-671 121. 4. MUHAMMED P.A, S/O.ABBAS, AGED 38 YEARS, MOONAMKADAVU ,PERIYA P.O, PERIYA VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT.PIN- 671 552. R1 TO R3 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28474/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE AGREEMENT EXECUTED BETWEEN THE PETITIONER, 4TH RESPONDENT AND K.P.ABDUL RAHSHEED DATED 17/5/2011. P2 COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 22/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 28474 of 2011 --------------------------------- Dated this the 25th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner said to be a planter and a businessman has approached this court seeking protection for his life from threats and other contumacious acts perpetrated by the 4th respondent and persons acting under him. Petitioner alleges that though he moved the police by petitions they have not taken any effective action so far. In the limited nature of the relief which we propose to grant we are of the view that the writ petition can be disposed of even without issuing notice to the 4th respondent. Learned Government Pleader Sri.Dhanesh Mathew Manjooran has taken notice on behalf of respondents 1 to 3. We heard both sides. We dispose of the writ petition issuing the following directions:- The 2nd respondent Sub Inspector of Police will take up Ext.P2 and conduct an enquiry into the same if necessary by summoning the 4th respondent also. If the enquiry reveals there WP(C).28474/2011 2 is any threat to the life and limb of the petitioner from the 4th respondent, he will take such action. If the enquiry reveals that the dispute is purely in civil nature, the 2nd respondent shall advise the parties to have recourse through the process of a competent civil court. PIUS C. KURIAKOSE,JUDGE pmn/ C.K.ABDUL REHIM,JUDGE WP(C).28474/2011 3