IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 36533 of 2010(N) ------------------------------------- PETITIONER(S): ---------------------- SHAJI THOMAS, MANJANGAL HOUSE, KAKKANADU LANE, KESAVADASAPURAM, ULLOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA SRI.A.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM. 2. DAMIYAN LOUIS, SACRED HEART HOUSE, AMBALATHIN MOOLA, CHOWARA P.O., KOTTUKKAL DESOM, KOTTUKKAL VILLAGE-695 501. 3. ZIRIL MORAIS, ST.JACOB BOUSE, PULLUVILA, PULLAVILA P.O., KARUMKULAM VILLAGE, PIN-695 525. 4. JOHN PAUL, S/O.DAMIYAN LOUIS, SACRED HEART HOUSE, AMBALATHIN MOOLA, CHOWARA P.O., KOTTUKKAL DESOM, KOTTUKKAL VILLAGE-695 501. 5. ISSAC LOUIS, S/O.DAMIYAN LOUIS, SACRED HEART HOUSE, AMBALATHIN MOOLA, CHOWARA P.O., KOTTUKKAL DESOM, KOTTUKKAL VILLAGE-695 501. R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R2 TO R5 BY ADV. SRI.GEORGE VARGHESE PERUMPILLIKUTTIYIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.36533 of 2010-N ---------------------------------------------- Dated, this the 9th day of December, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue a writ of mandamus or any other appropriate writ, order or direction compelling Ist respondent to take effective steps to protect the life of the petitioner from the illegal acts of threat, assault, abuse and restrain by the respondents 2 to 5 and their men and also to ensure the petitioners free moment.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is in absolute possession of 6 acres of land enclosed with compound wall on all four sides in which a tourist resort is being constructed, the estimate cost of which is 100 crores. Respondents 2 to 5 are nearby residents. It is stated that Ist respondent has filed false and fictitious cases against the petitioner and at present the proceedings before the civil Court stands stayed in a writ petition. Petitioner is residing 30 km away from the said property. When the petitioner goes to his property he is threatened and WPC 36533/2010 -2- showered with abusive words by the respondents 2 to 5. Petitioner filed Ext.P1 petition and is before us. We have directed service of copy of the writ petition on Sri.George Varghese Perumpalli Kuttiyil. We heard the learned counsel for the petitioner, learned counsel for respondents 2 to 5 and also the learned Government Pleader. In fact, the learned counsel for respondents 2 to 5 would submit that it is the petitioner who is the assaulter and he would deny the case that respondents 2 to 5 have threatened or assaulted the petitioner. He would submit that respondents 2 to 5 have no intention to threaten or assault the petitioner. We record the said submission and close the writ petition. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS