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 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 29208 of 2010(A) -------------------------- PETITIONER(S): ---------------------- 1. STEPHENSON, MALOTH HOUSE, VENNALA, EDAPPALLY SOUTH VILLAGE, ERNAKULAM DISTRICT. PIN- 2. SEENA @ SINDHU, MALOTH VYMALIL HOUSE, EDAPPALLY SOUTH VILLAGE, ERNAKULAM DIST. PIN- 3. SUNIL STEPHEN, MALOTH HOUSE, VENNALA, ERNAKULAM DISTRICT, PIN- BY ADV. SRI.K.M.VARGHESE RESPONDENT(S): ------------------------- 1. CITY POLICE COMMISSIONER, KOCHI CITY, OFFICE OF THE CITY POLICE COMMISSIONER, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM. 3. NANDAKUMAR, ROHINI, 32/3216/A, VENNALA.P.O., ERNAKULAM DISTRICT. 4. BABU, THALIYIL PARAMBIL, VENNALA.P.O., ERNAKULAM DISTRICT. 5. JOY.T.C., THEREPARAMBIL HOUSE, VENNALA.P.O., ERNAKULAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.VIPINDAS ADV. SRI.C.S.MANU FOR R3 TO 5 SRI.S.K.PREMRAJ FOR R 3 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29208 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the complaint dated 14.1.2009 given to respondent No.2. Ext.P2 :- Copy of the complaint dated 30.7.2009 given to respondent No.2. Ext.P3 :- Copy of the written statement dated 14.9.2009 in O.S.No.572 of 2009 on the file of Sub Court, Ernakulam. Ext.P4 :- Copy of the F.I.R. dated 14.6.2010 in Crime No.1063/2010 of Palarivattom Police Station. Ext.P5 :- Copy of the complaint dated 11.9.2010 submitted he respondent No.2. Ext.P6 :- Copy of the F.I.R. dated 14.9.2010 in Crime No.1651/2010 of Palarivattom Police Station. Ext.P7 :- Copy of the complaint dated 15.9.2010 given to the respondent No.2. Ext.P8 :- Copy of the representation dated 18.9.2010 submitted to the respondent No.2. Ext.P9 :- Copy of the representation dated 19.9.2010. Ext.P10 :- Copy of the Medical Certificate dated 9.10.2010 issued from Lourde's Hospital, Ernakulam. Ext.P11 :- Copy of the Medical Certificate in respect of the petitioner issued from M.A.J. Hospital, Edappally, Cochin. Respondent's Exhibits :- Ext.R3-(a) :- Copy of petition dated 29.1.2009 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom. Ext.R3-(b) :- Copy of petition dated 17.2.2010 submitted by the petitioner to the Inspector General of Police, Ernakulam and copy of which is sent to the Commissioner of Police, Kochi City. Ext.R3-(c) :- Copy of petition dated 3.3.2009 submitted by the Vennala Soorya Residents Association No.6/38, Vennala P.O., Kochi-682 028 to the Sub-Inspector of Police, Palarivattom Police Station. Ext.R3-(d) :- Copy of petition dated 13.3.2009 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom Police Station. Ext.R3-(e) :- Copy of petition dated 15.3.2010 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom Police Station. WP(C).No. 29208 of 2010 Ext.R3-(f) :- Copy of petition dated 6.5.2009 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom Police Station. Ext.R3-(g) :- Copy of petition dated 15.5.2009 submitted by the Commissioner of Police, Kochi City copy of which is sent to the Womens' Cell, Ernakulam. Ext.R3-(h) :- Copy of petition dated 16.5.2009 submitted by the Petitioner to the Sub- Inspector of Police, Womens' Cell, Ernakulam. Ext.R3-(i) :- Copy of petition dated 31.5.2009 submitted by the petitioner to the Sub- Inspector of Police, Womens' Cell, Ernakulam and Sub-Inspector of Police, Palarivattom Police Station copy of which is sent to theCommissioner of Police Kochi City. Ext.R3-(j) :- Copy of petition dated 29.7.2009 submitted by the Petitioner and 17 others to Sub-Inspector of Police, Palarivattom Police Station. Ext.R3-(k) :- Copy of petition dated 15.8.2009 submitted by Mr.Stephen, Maloth House to the Vicar, St.Mathews Church, Chempumukku copy of which is submitted to Sub-Inspector of Police, Palarivattom Police Station. Ext.R3-(l) :- Copy of petition dated 6.9.2009 submitted by the Petitioner and another to the Sub-Inspector of Police, Womens' Cell, Ernakulam. Ext.R3-(m) :- Copy of petition dated 19.10.2009 submitted by the Petitioner to the Sub- Inspector of Police, Palarivattom Police Station. Ext.R3-(n) :- Copy of petition dated 22.10.2009 submitted by the Petitioner to the Sub- Inspector of Police, Womens' Cell, Ernakulam. Ext.R3-(o) :- Copy of petition dated 12.1.2010 submitted by the petitioner to Commissioner of Police, Kochi City. Ext.R3-(p) :- Copy of petition dated 17.2.2010 submitted by the Petitioner and his wife Ambika Nandakumar to the Inspector General of Police, Ernakulam, copy of which is submitted to Commissioner of Police, Kochi City. Ext.R3-(q) :- Copy of petition dated 10.4.2010 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom Police Station. Ext.R3-(r) :- Copy of petition dated 1.6.2010 submitted by the Petitioner to the Sub- Inspector of Police, Palarivattom Police Station. Ext.R3-(s) :- Copy of petition dated 1.6.2010 submitted by the petitioner to the Sub- Inspector of Police, Palarivattom Police Station. //True Copy// P.A. to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------ W.P(C) No.29208 of 2010 --------------------------------- Dated this the 28th day of October 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following relief :- “Issue a writ of mandamus or any other appropriate writ or order, directing the respondent Nos.1 and 2 to afford effective and adequate police protection to the life and properties of the petitioners and their family members from the respondent Nos.3 to 5 and their men.” 2. Briefly put, the case of the petitioners is as follows :- Petitioner No.1 is the father of petitioner No.2 and they are residing in separate houses situated adjacent to each other. Petitioner No.3 is the son of petitioner No.1. The residential buildings are situated in north to the public road W.P(C) No.29208 of 2010 -: 2 :- known as Vennala-Janatha Road. Respondent Nos.4 and 5 are residing in the properties on the eastern side of the properties of the petitioners and their properties have no proper way to the public road. A motorable way is used as a private way to the residential house of the petitioner No.1 and it is maintained by petitioner No.1 and his wife on the basis of purchase of 3 cents of properties as per the Title Deed No.2963/79. It is stated that when the petitioners opposed the attempt of respondent Nos.4 and 5 to use the private road, the respondents are making troubles and threats to the petitioners. Petitioner has given Ext.P1 complaint. Civil suit is pending. Ext.P3 is the written statement filed by the petitioner before the Sub Court, Ernakulam. It is stated that respondent No.3 is adopting unfair and atrocious action against the petitioners to some how settle the civil case. As a part of this the respondent attempted to hit his scooter on the petitioner No.2 and he outraged her modesty and in this connection Crime No.1063/2010 was registered and Ext.P4 is the copy of F.I.R. Charge sheet has been submitted before W.P(C) No.29208 of 2010 -: 3 :- the Chief Judicial Magistrate Court, Ernakulam. The respondent Nos.3 to 5 intensified their evil operations to settle the civil case to save their face. Petitioner filed Ext.P5 complaint. Ext.P6 is the copy of F.I.R. in connection with Crime No.1651/2010 of Palarivattom Police Station which related to alleged attack on 14.9.2010 by respondent No.4 and his wife against petitioner No.2. Petitioner submitted Exts.P8 and P9 representations seeking police protection. Respondent Nos.3 to 5 filed counter affidavit and a reply affidavit is also filed by the petitioners. 3. We heard the learned counsel appearing for the respondent Nos.3 to 5 and also the learned Government Pleader. 4. The prayer in the writ petition is for protection of life and property. Admittedly a civil suit is pending between the parties. As far as the question of property is concerned, the matter is yet to be adjudicated by the competent civil court. The learned counsel appearing for the party respondents would submit that the party respondents have no W.P(C) No.29208 of 2010 -: 4 :- intention to cause any threat to the life of the petitioners and it is also submitted that they have never caused any threat to the life of the petitioners. We record these submissions. We further direct that if the petitioners complain commission of any cognizable offence against the respondents 3 to 5 before the 2nd respondent, the 2nd respondent shall take action on the same in accordance with law. We further make it clear that the civil court will proceed to consider the suit between the petitioner and respondents untrammelled anything contained in this judgment. Writ petition is disposed of as above. K.M.JOSEPH, JUDGE. M.C.HARI RANI, JUDGE. Jvt