IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 21413 of 2008(Y) -------------------------- PETITIONER(S): --------------- BABY KURIAKOSE @ T.K. BABY, KAIPPILLIL THATTETHUKKUDIYIL, KARUKAPPILLI, KUNNATHUNADU, KOLANCHERY,. BY ADV. SMT.ASHA CHERIAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION. 3. THE SUB-INSPECTOR OF POLICE, EDATHWA POLICE STATION. 4. SATHEESAN, HEAD CONSTABLE 3665, BATTERY POLICE STATION WAYANAD DISTRICT. 5. MADHU ALIAS SREEKUMAR, S/O GOPALAN, MANALEL, ANANARIVADAKKU,PANDI P.O., EDATHWA,ALAPUZHA DISTRICT. ADV. SRI.S.SANAL KUMAR FOR R4 SMT.BHAVANA VELAYUDHAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21413 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALAPPUZHA EXT.P2- TRUE COPY OF ORDER DATED 2.8.07 OF THE 1ST RESPONDENT EXT.P3- TRUE COPY OF ORDER NO.A/2529/05 DATED 22.11.05 OF THE KERALA STATE LAND DEVELOPMENT CORPORATION, ALAPPUZHA EXT.P4- TRUE COPY OF COMPLAINT DATED 13.6.08 OF THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3. EXT.P7- TRUE COPY OF APPLICATION DATED 25.8.08 OF THE PETITIONER TO THE 1ST RESPONDENT EXT.P8- TRUE COPY OF LETTER DATED 23.9.08 OF DEPUTY POLICE SUPERINTENDENT TO DISTRICT POLICE SUPERINTENDENT, ALAPPUZHA (1ST RESPONDENT ) EXT.P9- TRUE COPY OF POSTAL RECEIPT DATED 29.10.08 SENT BY THE PETITIONER TO 2ND RESPONDENT EXT.P10- TRUE COPY OF RECEIPT DATED 25.10.08 FROM THE 3RD RESPONDENT (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).21413/2008 -------------------------------- Dated this 2nd day of February, 2009 JUDGMENT Koshy (Ag.C.J.) This is a petition for police protection. Crime No.153/2007 was registered by the petitioner against respondents 4 and 5 and that is pending as C.C.No.108/2007. We are not expressing any opinion regarding the merits of the criminal cases pending between the parties, in a Writ Petition under Article 226 of the Constitution of India. We dispose of the writ petition directing that the police should keep law and order. If the criminal cases are not proceeded, it is for the aggrieved parties to approach the jurisdictional Magistrate. The allegation that the petitioner is not allowed to go to the criminal Court to prosecute the case was denied by respondents 4 and 5. In the above circumstances, the police should see that the petitioner is not obstructed in conducting the case. We are not expressing any adverse W.P.(C).21413/2008 2 opinion against respondents 4 and 5 also. Writ petition is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs