IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 30329 of 2010(M) ------------------------------------------------ PETITIONER(S): -------------------- P.P.IBRAHIM, S/O.KAMAL HAJI, AGED 49 YEARS, PULLANHIYOTTU PUTHIYAPURAYIL HOUSE, KOORARI, PATTANNUR P.O., MATTANNUR, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY HOME SECRETARY, THIRUVANANTHAPURAM. 695 001. 2. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION, KANNUR DISTRICT. 670 702. 3. THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY, KANNUR DISTRICT. 670 703. 4. P.P.ABOOBACKER, S/O.KAMAL HAJI, AGED 51 YEARS, SUHARA MANZIL, KANHIRODE P.O. MUNDERI AMSOM, KANHIRODE DESOM, KANNUR DISTRICT. 670 592. 5. SHABEER K.T., S/O.MAMU, AGED 21 YEARS, IRIKKUR P.O., IRIKKUR AMSOM PATTUVAM DESOM, KANNUR DISTRICT. 670 704. 6. NOUFAL, S/O.P.P.ABOOBACKER, AGED 27 YEARS, KOODALI, KANHIRODE P.O., MUNDERI AMSOM, KANHIRODE DESOM, KANNUR DISTRICT. 670 705. W.P.(C).NO.30329 OF 2010 7. ARAFATH, S/O.ABDUL AZEEZ, AGED 28 YEARS, CHEDICHERY, P.O.PERVALATHUPARAMBA, IRIKKUR AMSOM DESOM, KANNUR DISTRICT. 670 704. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.30329 OF 2010 M PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SUMMONS IN O.S.NO.235/2010 ON THE FILE OF THE PRINCIPAL SUB COURT, THALASSERY. EXT.P2 TRUE COPY OF THE NOTICE IN I.A.NO.1948/2010 IN O.S.NO.235/2010 ON THE FILE OF PRINCIPAL SUB COURT, THALASSERY. EXT.P3 TRUE COPY OF THE COUNTER OBJECTION DATED 31.8.2010 FILED BY THE PETITIONER IN I.A.NO.1948/2010. EXT.P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.9.2010. EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER. EXT.P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.9.2010. EXT.P7 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 30329 OF 2010 M ------------------------------------------ Dated this the 3rd December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: "Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or direction under Article 226 of the Constitution of India against the respondents 1 to 3 directing them to give police protection to the life of the petitioner." 2. Briefly put, the case of the petitioner is as follows: Respondents 4 to 7 are relatives of the petitioner. Admittedly, a civil suit is filed seeking a declaration that the document in the name of the petitioner is null and void. An Interlocutory Application has been filed and the petitioner has filed Counter which is produced as Ext.P3. There is allegation of threat WP(C).NO.30329/2010 M 2 to the life of the petitioner. 3. Today, when the matter came up, there is no appearance for the party respondents. Learned Government Pleader on instructions submits that there is actually a civil dispute pending as admitted by the petitioner and police have enquired into the matter and found that there is no threat to the life of the petitioner. In the light of this submission, we see no reason, as of now, to order grant of protection. We close the Writ Petition without prejudice to the right of the petitioner to move this Court as and when it is necessary. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge WP(C).NO.30329/2010 M 3