IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10261 of 2011(G) --------------------------------------- PETITIONERS: --------------------- 1. JOYCY, AGED 42, W/O.SEBASTIAN, VADAKKETHALA KATLAKARAN HOUSE, KANDASANKADAVU DESOM. 2. SEBASTIAN, AGED S/O.VAREED, VADAKKETHALA KATLAKARAN HOUSE, KANDASANKADAVU DESOM. BY ADV. SRI.SHEEJO CHACKO. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, THRISSUR-680 001. 3. CIRCLE INSPECTOR OF POLICE, PUTHUKADU-678 687. 4. S.I. OF POLICE, VARANTHARAPPILLY, THRISSUR-680 303. 5. M.J.JOSEPH, MANJALY HOUSE, VARANTHARAPPILLY P.O., PALLIKUNNU, THRISSUR-680 303. R1 TO R4 BY GOVT. PLEADER SMT. C.M. CHARISMA, R5 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADVS. SRI.UNNI SEBASTIAN KAPPEN, SRI.V.A.JOHNSON (VARIKKAPPALLIL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10261/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 25/08/1997 IN O.P.NO.13373/97 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE JUDGMENT IN O.S. NO. 1597/2009 DTD. 31/01/2011 PASSED BY THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE CIRCLE INSPECTOR OF POLICE, PUTHUKAD ETC. DTD. 15/03/2011 AND RECEIPTS. EXT.P.4: COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE CIRCLE INSPECTOR OF POLICE, PUTHUKAD, ETC. DTD. 23/03/2011 WITH RECEIPTS. EXT.P.5: COPY OF THE FIR NO.151 DTD. 23/03/2011 PREPARED BY THE SUB INSPECTOR OF POLICE, VARANDARAPPILLY POLICE STATION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:10261 OF 2011G ----------------------------------------------------------- Dated this the 7th April, 2011. JUDGMENT Basant, J. Petitioners are spouses. Fifth respondent is the brother of the wife. Petitioners have come to this Court seeking issue of directions to respondents 1 to 4 to afford police protection for the petitioners against apprehended illegal contumacious, culpable and violent conduct on the part of the fifth respondent. There is admittedly a civil dispute between petitioners on the one hand and the fifth respondent on the other. Suit filed by the fifth respondent has been dismissed it is submitted. Because of the animosity arising from the dismissal of the suit filed by the fifth respondent the fifth respondent is attempting to attack and cause physical harm to the petitioners. Appropriate directions for police protection may be issued, it is prayed. 2. Fifth respondent has entered appearance. Learned counsel for the fifth respondent submits that it is true that the suit has been dismissed. An appeal has already been preferred. The fifth respondent has no intention whatsoever to cause any WPC 10261/2011 2 physical harm or threat to the life or person of the petitioners. He shall only seek redressal of his grievances in accordance with law through courts. The apprehension that the fifth respondent will cause physical harm to the petitioners is without any basis. In fact the petitioners are only attempting to steal a march over the fifth respondent in the civil disputes pending between them by claiming an order of police protection. Petitioners are influential and they are likely to misuse the order of protection to vex and harass the fifth respondent. The undertaking of the fifth respondent may be recorded that the fifth respondent who resides about 32 kms away from the residence of the petitioners shall not in any way cause any threat or harm to the life and person of the petitioners. In the light of that undertaking no further directions under Art.226 are necessary, submits the learned counsel for the fifth respondent. 3. The learned Govt. Pleader after taking instructions submits that on a complaint received from the petitioners a crime was registered. Investigation in that crime was complete and final report/charge sheet has been filed by the fifth respondent. In the perception of the police officials there is no threat to the life or person of the petitioners, submits the WPC 10261/2011 3 learned Govt. Pleader. In the case of any such threat the police shall take necessary action to afford protection to the petitioners submits the learned Govt. Pleader. 3. We have considered all the relevant inputs. We take note of, record and accept the submissions of the learned counsel for the fifth respondent. We do also take note of, record and accept the submission of the learned Govt. Pleader on behalf of respondents 2 to 4. We are satisfied in these circumstances that no further specific directions under Art.226 are necessary. 4. This petition is in these circumstances dismissed accepting the submissions/undertaking of the counsel for the fifth respondent and the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10261/2011 4