IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30277 of 2009(D) -------------------------- PETITIONER(S): --------------- INFANT THOMAS, MATTEL HOUSE, MACHIPLAVU, IDUKKI. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PAINAVU, IDUKKI. 2. THE SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, PAINAVU, IDUKKI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI. 4. THE CIRCLE INSPECTOR OF POLICE, ADIMALI. 5. THE SUB INSPECTOR OF POLICE, ADIMALI. 6. V.N.KUMARAN, LDF CONVENER, LDF ADIMALI PANCHAYATH COMMITTEE, ADIMALI. ADV. SRI.LATHEESH SEBASTIAN FOR R6 GOVT. PLEADER SRI. T.K.VIPINDAS -R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30277/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True photocopy of the decision of the Panchayath dated 15.5.08. Ext.P2: True photocopy of the order issued by the Government dated 15.1.2008. Ext.P3: True photocopy of the order issued by Panchayath dated 6.8.08. Ext.P4: True photocopy of the order issued by the Government dated 18.6.2009. Ext.P5: True photocopy of the notice dated nil published by the sixth respondent. Ext.P6: True copy of the representation submitted by petitioner before the respondents 1 to 5 dated 20.10.2009. RESPONDENTS' EXHIBITS: Annexure R6(b):True copy of the memorandum of payments. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 30277 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “Issue a writ of mandamus or other writ or order directing the respondents 1 to 5 to take effective action prohibiting the long march declared as per Ext.P5 public notice by giving due and proper police protection to the life, person and property of the petitioner and family members from any sort of illegal acts of the sixth respondent and his associates in whatsoever manner.” 2. Learned counsel appearing for the 6th respondent submits that the members of the 6th respondent are only exercising their right to freedom of speech and expression to record their protest against the alleged irregularity committed by the petitioner. It is also submitted that such protest or march will not in any way cause any disturbance to the petitioner or members of his family. The above submissions are recorded. In order to avoid any confusion with regard to the submissions, it is made clear that the march referred to in Ext.P5 or which is postponed to any subsequent date shall be conducted only in a peaceful manner without W.P.(C) NO. 30277/2009 2 causing any obstruction or disturbance to the peaceful life of the petitioner and members of his family. It is further made clear that the protest shall only be beyond 100 metres from the front gate of the petitioner's residence. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 30277/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.30277/2009 JUDGMENT 29th October, 2009 W.P.(C) NO. 30277/2009 4