IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23660 of 2011(F) -------------------------- PETITIONER(S): --------------- O.K.PANKAJAKSHAN, AGED 65 YEARS, S/O.LATE LAKSHMI, MANCHERI VEEDU, TAGORE NAGAR, NEAR MATOOR TEMPLE, EROOR. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. ARUN RAJ @ VIPIN RAJ, S/O.THANKARAJ, ALPHIA BHAVAN, MANCHERI LANE, TAGORE NAGAR, EROOR-691312. 2. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA-682301. 3. COMMISSIONER OF POLICE, ERNAKULAM-682031 ADV. SRI.E.M.JOSEPH FOR R1 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23660/2011 .2. APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 30/12/2010 IN O.S. NO.217/2009 PASSED BY THE ADDITIONAL MUNSIFF, ERNAKULAM. EXT.P2: COPY OF THE COMPLAINT DATED 8/3/2010 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P3: COPY OF THE REPRESENTATION DATED 6/7/2011 SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER, BY THE PETITIONER. EXT.P4: COPY OF THE COMLAINT SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 12/8/2011 RESPONDENTS EXHIBITS: EXT.R1(A): COPY OF THE ORDER DATED 16/3/2011 IN I.A. NO.1358/11 IN A.S. NO.40/11 OF THE DISTRICT COURT, ERNAKULAM. XT.R1(B): COPY OF THE ORDER DATED 5/5/2010 OF THE RDO FORT KOCHI DROPPING THE PROCEEDINGS. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 23660 OF 2011 ------------------------ Dated this the 19th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition filed under Article 226 seeking protection for the life of the petitioner from the alleged atrocities of the first respondent, a detailed counter affidavit has been filed by the first respondent inter alia, conceding that the first respondent has no intention to cause any danger to the life of the petitioner. It is also stated that very intention of the petitioner in moving this court for police protection is to jeopardise the service prospects of the first respondent who is presently on probation as a constable under the Kerala Armed Police. 2. Smt.C.M.Charisma learned Government Pleader on the basis of the instructions submitted that when enquiry was conducted into Ext.P4 petition, which the petitioner claims to have submitted before the Police, the petitioner himself confessed that Ext.P4 was never submitted by him. 3. Even though Sri.E.D.George counsel for the petitioner WPC.No.23660/2011 2 sought time to file a reply affidavit, we are convinced that no case is made out for issuance of any police protection direction sought for. We decline jurisdiction and dismiss this writ petition. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk