IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 31107 of 2010(K) ------------------------------------- PETITIONER(S): ----------------------- MOHANAN KOLAVATHRA, S/O.APPUKUTTAN VELICHAPPADU, AGED 53 YEARS, VELIYANGOD AMSOM GRAMAM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-692 001. 2. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PONNANI, MALAPPURAM DISTRICT, PIN-676 542. 3. RAMESH KOLAVATHRA, S/O.APPUKUTTAN VELICHAPPADU, VELIYANGOD AMSOM GRAMAM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. 676 542. R1 & R2 BY GOVT. PLEADER SMT.CHARISHMA R3 BY ADV. SRI.C.V.MANUVILSAN, SRI.P.K.KHALEEMUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 31107/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTERED WILL EXECUTED BY THE FATHER OF THE PETITIONER. P2:- COPY OF THE ORDER DTD. 11.2.2010 PASSED IN WP(C) NO.2198/2010 BY THIS HONOURABLE COURT. P3:- COPY OF THE OS. 225/2009 BEFORE THE MUNSIFF-MAGISTRATE COURT, PONNANI. P4:- COPY OF THE COMPLAINT DTD. 29.9.2010 SUBMITTED TO THE 2ND RESPONDENT. P5:- COPY OF THE RECEIPT EVIDENCING RECEIVING EXT.P4 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31107 of 2010 ---------------------------------------- Dated this the 23rd day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) issue a Writ of Mandamus or any other appropriate Writ order or direction commanding the respondents 1 and 2 to give adequate and effective police protection to the lives of the petitioner and his family from the wanton acts of the 3rd respondent. ii) direct the 2nd respondent to act on Exhibit P-4 by means of an appropriate Writ direction or order. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is an oracle (Velichapadu) in a private temple. The 3rd respondent is his own brother. There is reference to Ext.P1 will executed by the father of the petitioner. There is also reference to Ext.P2 interim order passed by this Court in a police protection petition which is subsequently disposed of as infructuous. The petitioner has filed Ext.P3 W.P.C.No.31107 of 2010 2 complaint before the Munsiff Magistrate Court, Ponnani. It is his case that the 3rd respondent has trespassed into the compound of the petitioner and threatened him. The petitioner ran away from the place fearing for their lives. The petitioner filed Ext.P4 complaint and is before us. 4. Counter affidavit is filed by the 3rd respondent wherein it is inter alia stated that the will is in dispute. The allegations of threat is denied by the 3rd respondent. There is no threat to the life of the petitioner. We have already recorded the undertaking of the learned counsel for the 3rd respondent that the 3rd respondent has no intention to cause any threat to the life of the petitioner. 5. We dispose of the writ petition recording the said undertaking and make it clear that if the matter comes before any court/forum, the said court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31107 of 2010 3 W.P.C.No.31107 of 2010 4 W.P.C.No.31107 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010