IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24554 of 2011(T) -------------------------------- PETITIONER(S): ------------------ V.J.THOMAS,VARAVUKALA PUTHENPURACKAL HOUSE, @ PULLUKATTU, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): ------------------- 1. DISTRICT POLICE CHIEF, KOTTAYAM-01. 2. THE CIRCLE INSPECTOR OF POLICE, CHANGANCHERRY-686 101. 3. SUB INSPECTOR OF POLICE, THRIKODITHANAM-686 105. 4. BABU,S/O.GEORGE,MARUKUMMOOTTIL HOUSE, MADAPPALLY, CHANGANCHERRY-686 546. 5. JOSEPH A.E, ERATHEDATHU HOUSE, MADAPPALLY, CHANGANACHERRY-686 546. 6. KURIAKOSE,S/O.KURIAKOSE, MURUKUMMOTTIL HOUSE, MADAPPALLY, CHANGANACHERRY-686 546. 7. BINU,S/O.KURIAKOSE,MURUKUMMOTTIL HOUSE, MADAPPALLY, CHANGANACHERRY-686 546. WP(C).No. 24554 of 2011(T) -2- 8. PATHROSE @ PAPPAN, KUTTIYIL HOUSE, MADAPPALLY, CHANGANACHERRY-686 546. ADV. SRI.LAL K.JOSEPH FOR R4-8 SRI.A.A.ZIYAD RAHMAN FOR R4-8 SRI.V.S.SHIRAZ BAVA FOR R4-8 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24554 of 2011(T) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF SALE DEED NOS.1324 AND 1327 DATED 26/05/80. EXT.P2:- TRUE COPY OF THE JUDGMENT IN O.S. NO.421/1987 DATED 28/02/90 OF THE MUNSIFF COURT, CHANGANACHERRY. EXT.P3:- TRUE COPY OF THEN OTICE PUBLISHED IN THE MATHRUBHUMI DALY DATED 24/02/98. EXT.P4:- TRUE COPY OF THE JUDGMENT IN O.S. NO.364/97 DATED 26/03/98 OF THE ADDL. SUB COURT, KOTTAYAM. EXT.P5:- TRUE COPY OF THE COMMON ORDER IN I.A. NOS.1883/99, 1125/00 AND 1127/00 DT.03/06/2000. EXT.P6:- TRUE COPY OF THE JUDGMENT IN O.P. NO.4161/99. EXT.P7:- TRUE COPY OF THE RE-SURVEY PLAN. EXT.P8:- TRUE COPY OF THE ORDER IN E.P. NO.38/99 IN O.S. NO.364/97 DATED 08/10/2011 OF THE ADDL. SUB JUDGE, KOTTAYAM. EXT.P9:- TRUE COPY OF THE FIR IN CRIME NO.164/02 OF CHANGANACHERRY POLICE STATION DT.24/02/02 EXT.P10:- TRUE COPY OF THE ORDER OF CONVICTION IN CC.1127/02 DT.02/12/06. EXT.P11:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE. EXT.P12:- TRUE COPY OF THE ORDER OF THE SUB COURT IN E.A. NO.116/02 DT.04/08/11. EXT.P13:- TRUE COPY OF THE ORDER OF THE SUB COURT IN E.A. NO.116/02 DATED 23/08/11. EXT.P14:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.01/09/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24554 of 2011 ------------------------------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition is filed by a senior citizen seeking protection for the lives of himself and family members and also for enclosing his properties by putting up a boundary wall/strong fence. On considering the averments in the Writ Petition and the submissions of Sri.M.V.S.Nampoothiry, the counsel for the petitioner and the learned Government Pleader who has taken notice on behalf of official respondents, we passed the following interim order on 07/09/11. “In the meanwhile, R2 is directed to conduct an enquiry into Ext.P14 and to appraise the Government Pleader as to what is the result of the above enquiry. If the enquiry reveals that the threat subsists to the life of the petitioner from the party respondents, R2 either directly or through R3 will do the needful to ensure that the petitioner's life is safe.” W. P. C. No.24554 of 2011 -2- 2. Even though Sri.M.V.S.Nampoothiry sought for an adjournment of the Writ Petition by 10 days, we are of the view that the above interim order grants to the petitioner reliefs which can be legitimately aspired for by the petitioner in this Writ Petition. It is submitted by the learned counsel for the respondents that they will not cause any threat or danger to the lives of the petitioner or his family members. We record the above submission also. We dispose of the Writ Petition confirming the interim order issued by us already. 3. As for the protection sought for in respect of putting up of a boundary wall/strong fence, we relegate the petitioner to a competent civil court. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.24554 of 2011 -3-