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. 23991 of 2011(Y) -------------------------------- PETITIONER(S): ------------------ 1. SHAJU JOHN, S/O.JOHN, ANCHAKUNNATH HOUSE, UZHAVOOR P.O., KOTTAYAM DISTRICT, PIN-686 634. 2. ANNIE SHAJU, W/O.SHAJU JOHN, ANCHAKUNNATH HOUSE, UZHAVOOR P.O., KOTTAYAM DISTRICT, PIN-686 634. BY ADV. SRI.JOHN JOSEPH SMT.THANUJA ROSHAN RESPONDENT(S): -------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM P.O., KOTTAYAM DISTRICT.-686634 2. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR, ETTUMANOOR P.O., KOTTAYAM DISTRICT.-686634 3. THE SUB INSPECTOR OF POLICE, KURAVILANGADU, KURAVILANGADU P.O., KOTTAYAM DISTRICT.-686634 4. FR.STEPHEN KUZHIPLAKKIL ST.MARY'S CHURCH, CHETTUKULAM (VIA) MONIPPALLY, KOTTAYAM DISTRICT.-686634 WP(C).No. 23991 of 2011(Y) -2- 5. JAMES MANUEL, KUZHIPLAKKIL HOUSE, UZHAVOOR P.O., KOTTAYAM DISTRICT, PIN-686 634. GOVT. PLEADER SMT.C.M.CHARISMA SRI.GEORGE KUTTY MATHEW - R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23991 of 2011(Y) APPENDIX PETITIONERS' EXTS EXT.P1:- A PHOTOCOPY OF THE INJUNCTION ORDER OF THE DISTRICT COURT, KOTTAYAM IN I.A.445/11 DT.20/04/11 IN OS.425/11. EXT.P2:- A PHOTOCOPY OF THE FIR DT.25/04/11. EXT.P3:- A PHOTOCOPY OF THE COMPLAINT DATED 05/06/11 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, KURAVILANGADU. EXT.P4:- A PHOTOCOPY OF THE FIR DATED 09/06/11. EXT.P5:- A PHOTOCOPY OF THE OUTPATIENT TICKET DATED 09/06/11 ISSUED TO THE 2ND PETITIONER FROM THE GENERAL HOSPITAL, PALAI. EXT.P6:- A PHOTOCOPY OF THE PETITION DATED 12/06/11 WITH THE NOTING OF THE HON. CHIEF MINISTER. EXT.P7:- A PHOTOCOPY OF THE REQUEST DATED 27/07/11 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23991 of 2011 ------------------------------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the petitioners who are husband and wife seeking directions of police protection for their lives and for their properties. In fact, it is averred in the Writ Petition that on the basis of complaints submitted by the petitioners, the police registered Exts.P2 and P4 crimes. It was submitted by the learned Government Pleader on the basis of the instructions that on completion of investigation into Ext.P2 crime, the police submitted final report and the learned Magistrate has already registered a Calendar Case based on the final report. But the investigation is going on in Ext.P4 crime. The learned Government Pleader also submitted that on the basis of private complaint lodged by the 5th respondent which was forwarded by the learned Magistrate under Section 156(3) W. P. C. No.23991 of 2011 -2- Cr.P.C, police registered Crime No.273/11 and that crime is presently under investigation. The learned Government Pleader assured us that the investigation will be conducted very fairly and the final report and refer report, as the case may be, will be submitted promptly. Government Pleader further submitted that the dispute between the parties is over a small extent of property. At the moment, there is no law and order situation warranting issuance of direction for protection for life or property. The property dispute, according to the Government Pleader has to be got settled through the process of civil court. 2. The learned counsel for the petitioners submitted that even now there is subsisting threat to their lives from the part of respondents 4 and 5. The learned Government Pleader would quickly retort and submit that the 4th respondent Priest is no more. The learned counsel for the 5th respondent submitted that the 5th respondent does not intend to cause any threat or injury to the lives of the petitioners. We record the submissions addressed before us W. P. C. No.23991 of 2011 -3- by the learned Government Pleader and the counsel for the 5th respondent. We dispose of the Writ Petition directing the 3rd respondent Station House Officer to keep vigil over the property in question and the place of residence of the petitioners and the 5th respondent and to ensure that the dispute between the parties over the property does not give rise to any law and order situation. The 3rd respondent is also directed to expedite the ongoing investigation and to submit Final Report or Refer Report as the case may be without delay. At any rate, it should be ensured by the 3rd respondent that the lives of the petitioners and the 5th respondent are safe. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23991 of 2011 -4-