IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 20132 of 2009(J) ------------------------------------ PETITIONER(S): ---------------------- JOSE JOHN K, S/O.JOHN, AGED 43, PROPRIETOR, M/S.J.K.CONSTRUCTIONS, PANAMPILLY NAGAR, ERNAKULAM RESIDING AT KUNUKKASSERRY HOUSE, PERUMANOOR, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.M.P.RAMNATH SRI.P.RAJESH(KOTTAKKAL) RESPONDENT(S): ------------------------ 1. THE S.I.OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM, THEVARA,ERNAKULAM 2. STATE OF KERALA, REP.BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., 3. K.K.AZEEZ, S/O.KUNJU MOHAMMED, KACHANKUZHI HOUSE, MALAYIDAMTHURUTH, EDATHALA, ERNAKULAM DIST. 4. K.K.RASHEED, S/O.KUNJU MOHAMMED, KACHANKUZHI HOUSE, MALAYIDAMTHURUTH, EDATHALA, ERNAKULAM DIST. 5. THOMAS K.D, KIZHAKKUMTHALA HOUSE, MANJAPRA, ERNAKULAM- 683 581. R3 & R4 BY ADV. SRI.P.M.ZIRAJ R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20132/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BOOKLET SHOWING VARIOUS CONSTRUCTIONS INITIATED AND COMPLETED BY THE PETITIONER. P2:- COPY OF THE PETITIONER'S OFFICE IN PANAMPILLY NAGAR, ERNAKULAM. P3:- COPY OF THE STATEMENT SHOWING THE OUTSTANDING DUES TO THE PETITIONER FROM HIS CLIENTS. P4:- COPY OF THE TAX RETURN FORM FOR THE ASSESSMENT YEAR 2007-08 OF PETITIONER. P5:- COPY OF THE COMPLAINT DT.D 13.7.2009 BY THE PETITIONER THROUGH HIS MANAGER BEFORE THE IST RESPONDENT. P6:- COPY OF THE RECEIPT OF ACKNOWLEDGEMENT OF EXT.P5 COMPLAINT ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JDUGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.20132 of 2009-J ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondent No.1 to afford police protection to the petitioner against the alleged illegal obstruction by respondents 3 to 5. 2. This petition was filed as early as in 16.07.09. When the matter came up for hearing on 17.07.2009, the following interim order was passed by the Bench which dealt with the matter. “In the meantime, there will be a direction to the first respondent to give interim protection to the life of the petitioner and the staff at his office at Panampally Nagar.” Thereafter there has been no posting. The interim order has continued to remain. 3. Respondents 3 to 5 had been served. Respondents 3 and 4 have entered appearance through a counsel. 4. Today when the matter came up for hearing, the learned counsel for the petitioner, the learned counsel for W.P(C) No.20132 of 2009-J 2 respondents 3 and 4 as also the learned Government Pleader submit that the interim order can be made absolute and this proceedings can now be closed. 5. We accept the request of the learned counsel for the petitioner as endorsed by the counsel for the others. 6. In the result: a) This Writ Petition is allowed; b) The interim order dated 17.07.2009 extracted above is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/