IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 18915 of 2008(B) -------------------------- PETITIONER: ------------ M.P. SUNIL KUMAR ,S/O. M.PERUMAL PILLAI AGED 42 YEARS, "BROTHERS" NEAR ENGLISH CHURCH PANIKKAR ROAD, CALICUT-6 BY ADV. SRI.P.R.SREEJITH RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE NADAKKAVU POLICE STATION KOZHIKODE DISTRICT. 2. THE SUPERINTENDENT OF POLICE KOZHIKODE. 3. THE COMMISSIONER OF POLICE KOZHIKODE. 4. TONY, S/O. THADIKKARAN ANTHONY AGED 47 YEARS, EDATHIRUTHY VILLAGE AND DESOM EDATHIRUTHY PO,KODUNGALLUR TALUK TRISSUR DT. BY ADV. SMT.G.RANJITA FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.18915/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE THREEITEMS OF PROPERTIES IN R.S.NO.147/178/5 AND R.S.NO.147/178/6 OF OLLUKARA VILLAGE IN FAVOUR OF THE PETITIONER, ISSUED BY THE VILLAGE OFFICER, OLLUKARA. EXT.P2: COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2008-2009 IN RESPECT OF THE PETITIONER'S THREE ITEMS OF PROPERTIES IN R.S.NO.147/178/5 AND R.S.NO.147/178/6 OF OLLUKARA VILLAGE. EXT.P3: COPY OF THE PETITIONER'S COMPLAINT DT.18.6.2008 BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE PETITIONER'S COMPLAINT DT.20.6.2008 BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE RECEIPT FOR EXT.P3 COMPLAINT AND POSTAL RECEIPT FOR EXT.P4 COMPLAINT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ------------------------------------ W.P.(C) No.18915 OF 2008 ------------------------------------ Dated this the 21st day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits he purchased certain items of properties from the 4th respondent, Chairman of the Defender Real Estates and Buildings Ltd. Now that the price of land has gone up, the 4th respondent demanded reconveyance of the property. Since the petitioner failed to oblige him, he is sending hired goondas to the petitioner to kill him and his family members. Pointing out the above illegal actions of the 4th respondent, the petitioner has preferred Exts.P3 and P4 representations before the Station House Officer, Nadakkave Police Station and Commissioner of Police, Kozhikode and thereafter this writ petition is filed seeking appropriate directions from the police to protect his life and that of his family members. 2. The 4th respondent has filed a counter affidavit. According to him, a civil suit is pending between him and the writ petitioner, concerning the afore mentioned properties. It is W.P.(C) No.18915/2008 2 also submitted that he has no intention, whatsoever, to harm the petitioner, physically. The allegations of sending hired goondas to endanger the life of the petitioner is false and unfounded. According to the 4th respondent, the petitioner is a person having criminal background and he has plans to attack the 4th respondent. To legitimise the said action, this writ petition is filed seeking police protection. 3. The petitioner has filed a reply affidavit denying the allegations of the 4th respondent. We heard the learned Government Pleader. We record the submission of the 4th respondent that he has no intention, whatsoever, to physically harm the petitioner and he never intends to send any muscle men after the writ petitioner. This submission is recorded and the writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (K.T.SANKARAN, JUDGE) ps