IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 25938 of 2008(K) ---------------------------------------------- PETITIONERS: -------------------- 1. DR.K.A.ARAVINDAKSHAN, RESIDING AT 'DEVI PADAM', EAST NADA, NEAR KALLESHWARI THEATRE, KODUNGALLUR, THRISSUR DISTRICT. 2. P.B.RADHA, W/O.DR.K.A.ARAVINDAKSHAN, RESIDING AT 'DEVI PADAM', EAST NADA, NEAR KALLESHWARI THEATRE, KODUNGALLUR, THRISSUR DISTRICT BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------------- 1. SUB INSPECTOR OF POLICE, KODUNGALLUR, THRISSUR. 2. SUPERINTENDENT OF POLICE, THRISSUR. 3. DR.KRISHNADAS, S/O.RAGHAVAN, WORKING AS NEURO SURGEON, LISIE HOSPITAL, LISIE HOSPITAL ROAD, ERNAKULAM, RESIDING AT NO.19, NOEL PALM DALE, SMART CITY ROAD, KAKKANAD P.O., PIN 682 030, ERNAKULAM DISTRICT. WP(C).No. 25938 of 2008(K) -2- 4. DR.K.P.SURESH KUMAR, WORKING AS CARDIOLOGIST, MALAR HOSPITAL, ADAYAR, CHENNAI, AND RESIDING AT KOUSTHUBAM, 2A, E/117/16TH CROSS STREET, BESANT NAGAR, CHENNAI-600 090. 5. SUMA, W/O.DR.KRISHNADAS, RESIDING AT NO.19, NOEL PALM DALE, SMART CITY ROAD, KAKKANAD P.O., PIN 682 030, ERNAKULAM DIST. 6. UMA, W/O.DR.SURESH KUMAR, RESIDING AT KOUSTHUBAM, 2A, E/117/16TH CROSS STREET, BESANT NAGAR, CHENNAI 600 090. R1 & R2 BY GOVERNMENT PELADER SRI.BENJAMIN PAUL. R3 TO R6 BY ADV. SRI.S.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25938/2008: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1- TRUE COPY OF THE REPRESENTATION DATED 26.8.2008 FILED BEFORE THE IST RESPONDENT. EXT.P2- TRUE COPY OF THE REPRESENTATION DATED 26.8.2008 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5A- COPY OF NOTARY ATTESTED COPY OF AGREEMENT DATED 28.9.2008. H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.25938 of 2008-k ------------------------------------------------- Dated, this the 17th day of October, 2008 JUDGMENT A.K.Basheer, J. Petitioners pray for issue of a writ of mandamus or such other appropriate writ or direction to respondents 1 and 2 to render adequate and effective police protection to their “lives against the threat and intimidation of respondents 3 to 6 and their men forthwith who are none other than their own daughters and sons-in-law”. 2. Respondents 3 to 6 have filed a counter affidavit, in which, while denying the allegations in the writ petition, they have stated that the apprehension of the petitioners is totally incorrect. 3. However, it is discernible from the materials available on record including the counter affidavit that there is no love lost between the petitioners and respondents 3 to 6. Apparently some family disputes have spoiled the relationship. 4. Learned counsel for the parties submit that the disputes have in fact been settled. Respondents 3 to 6 have, along with the additional counter affidavit produced a photo copy of a Settlement Deed W.P.C. No. 25938/2008 -2- dated September, 2008. It shows that a process of settlement is in progress. 5. In the above facts and circumstances, and particularly, since the subject matter pertains to a family dispute, we do not propose to deal with the unpleasant allegations and counter allegations made by the parties against each other. 6. The Writ Petition is closed recording the submissions made by the learned counsel for respondents 3 to 6 that respondents 3 to 6 will not cause any physical harm to petitioners and that the matter would be settled amicably by both sides. We hope that better sense will prevail and the parties will live in peace. 7. In view of the order passed in the writ petition I.A.No.12304/2008 is closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS