IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 11009 of 2011(A) ---------------------------------------- PETITIONER(S): -------------------- 1. MOHANAN PILLAI, S/O. JANARDHANAN PILLAI, PERMANENT RESIDENT OF NANDU SADANAM, KURUMANDAL B., PARAVOOR, PERUMPUZHA, KOLLAM DISTRICT, NOW RESIDING AT USHUS, KURUMANDAL B., PARAVOOR, PERUMPUZHA, KOLLAM DISTRICT. 2. SREEKUMARI, W/O. SAKTHIDARAN UNNITHAN, PERMANENT RESIDENT OF USHUS, KURUMANDAL B., PARAVOOR, PERUMPUZHA, KOLLAM DISTRICT. BY ADVS. SRI.M.K.CHANDRA MOHANDAS SRI.R.NIKHIL RESPONDENT(S): ------------------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM-691 001. 2. THE CIRCLE INSPECTOR OF POLICE, PARAVOOR, KOLLAM-691 301. 3. THE SUB INSPECTOR OF POLICE, PARAVOOR, KOLLAM-691 301. 4. J.SAJEEV KUMAR, JANARDHANA VILASOM, KURUMANDAL B, PARAVOOR, PERUMPUZHA, KOLLAM-691 301. 5. J.SUNIL KUMAR, JANARDHANA VILASOM, KURUMANDAL B, PARAVOOR, PERUMPUZHA, KOLLAM-691 301. 6. RAVI @ ANAKILLI, PUTHEN VEEDU, KURUMANDAL B, PARAVOOR, PERUMPUZHA, KOLLAM-691 301. 7. SHAJI, S/O. KUNJUKUNJU,INCHINTHODI, MALAKAYAL COLONY, PERUMPUZHA, KOLLAM-691 301. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.11009/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IST INFORMATION REPORT IN CRIME NO.378/2011 OF PARAVOOR POLICE STATION. P2:- COPY OF THE MEDICAL CERTIFICATE DTD. 26.3.2011 ISSUED BY RMO ROYAL HOSPITAL. P2(a):- COPY OF THE MEDICAL CERTIFICATE DTD. 28.3.2011 ISSUED BY GOVERNMENT RAMARAO HOSPITAL. P3:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE IST RESPONDENT. P4:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT. P5:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:11009 OF 2011 A ----------------------------------------------------------- Dated this the 11th April, 2011. JUDGMENT Basant, J. Petitioners 1 and 2 are nephew and aunt. They have come to this Court seeking issue of directions under Art.226 to respondents 1 to 3 to afford protection to them against wanton and culpable conduct on the part of respondents 4 to 7. 2. According to the petitioners from the property belonging commonly to the petitioners and respondents 4 to 7 illegal sand mining is taking place and when the first petitioner raised objection to the same he is attacked. Already Ext.P1 crime has been registered. Petitioners apprehend such continued violence against them from respondents 4 to 7. It is hence prayed that directions may be issued under Art.226. 3. Respondents 1 to 3 have appeared through the Govt. Pleader. Respondents 4 to 7 though served have not chosen to enter appearance. 4. The learned Govt. Pleader after taking instructions from respondents 1 to 3 submits that the police do not perceive any WPC 11009/2011 2 threat to the life or person of the petitioners from respondents 4 to 7. According to the police the petitioners as well as respondents 4 to 7 are involved in the illegal activity of sand mining. They are accused in several cases. The present allegations are made consequent to a civil dispute between the parties. The police do not at any rate perceive any danger to the life or person of the petitioners from respondents 4 to 7. No specific directions under Art.226 are hence necessary. If there be any threat to the life or person of the petitioners from respondents 4 to 7 they can complain and thereupon necessary action shall be taken by respondents 1 to 3. The learned Govt. Pleader submits that Ext.P1 crime is being properly investigated. The learned Govt. Pleader further submits that steps have been initiated under Section 107 Cr.P.C against the first petitioner, wife of the first petitioner and the fourth respondent. The police do not in these circumstances think it necessary or expedient for this Court to issue any directions under Art.226, submits the learned Govt. Pleader. 5. We have considered all the relevant inputs. We take note of, record and accept the submissions of the learned Govt. Pleader on behalf of respondents 1 to 3. Maintenance of law and WPC 11009/2011 3 order and the prevention of crimes is primarily the duty of the police. It is not ordinarily necessary for this Court to issue any specific directions to the police for proper discharge of their duty to maintain law and order. But exceptional circumstances may exist warranting issue of such directions. We do not find any such circumstance in this case. We accept the submission of the learned Govt. Pleader that respondents 1 to 3 do not perceive any threat to the life or person of the petitioners from respondents 4 to 7 and that if there be any such threat necessary action shall be taken by respondents 1 to 3 to abate such threat. 6. Accepting the submissions of the learned Govt. Pleader this writ petition is dismissed. We make it clear that petitioners shall be at liberty to complain to respondents 1 to 3 if there be any genuine perception of threat against their life and person from respondents 4 to 7. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 11009/2011 4 WPC 11009/2011 5