IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 13703 of 2009(G) -------------------------------------- PETITIONER: ------------------- HAMID, AGED 40 YEARS,S/O.ABDULKHADER,FATHIMA NIKETH,CIVIL STATION WARD,KOCHUKADAPALAM BAZAR P.O ALAPPUZHA. BY ADV. SRI.A.T.ANILKUMAR. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE,ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, SOUTH POLICE STATION,ALAPPUZHA. 3. SIJU,AGED 23,C/O.YOONUS, RAHIMA BUILDING -II, POWER HOUSE WARD,ALAPPUZHA. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13703/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ADMISSION CARD OF T.D. MEDICAL COLLEGE, ALAPPUZHA SHOWING THE ADMISSION OF THE PETITIONER FOR TREATMENT ON 09/05/2009. EXT.P.2: COPY OF THE C.T SCAN REPORT OF THE SKULL OF THE PETITIONER IS TAKEN IN THE SAME HOSPITAL. EXT.P.3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE COMPLAINT SUBMITTED BEFORE THE R.1. EXT.P.5: NEWS ITEM REPORTED IN MALAYALA MANORAMA DAILY REPORTED IN DTD. 13/05/09. EXT.P.6: NEWS ITEM REPORTED IN MATHRUBHUMI DAILY DTD. IN 13/05/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.13703 of 2009-G ***************************** Dated this the 3rd day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 and 2, police officials, to afford necessary police protection to the petitioner for the orderly conduct of his business of running of an internet cafe in the name and style “BITZ” within the jurisdiction of the 2nd respondent. According to the petitioner, the 3rd respondent, whom he describes to be a person indulging in culpable and nefarious activities in the locality, is allegedly obstructing the peaceful conduct of the internet cafe run by the petitioner. Though complaints were made before the police officials, no useful action has been taken. It is, in these circumstances, that the petitioner came to this Court with this petition. 2. When this petition came up for hearing on 21.05.2009, the Bench which dealt with the matter had passed an interim order. We extract the same below: “Notice by special messenger was ordered W.P(C) No.13703 of 2009-G 2 to the party respondents. No response. In the circumstances, there will be a direction to respondents 1 and 2 to afford necessary protection to the life of the petitioner. The Sub Inspector of Police to enquire and file a statement as to whether there is any threat to the petitioner for running the shop.” As directed in the said order dated 21.05.2009, the 2nd respondent Sub Inspector of Police has filed a statement dated 30.05.09. According to the Sub Inspector of Police, in his perception, there is no threat to the orderly conduct of the business of the petitioner. He has not received any complaints. But it is admitted that the Superintendent of Police had received a complaint. The same was forwarded to the Deputy Superintendent of Police. The Deputy Superintendent of Police had registered the said petition. Enquiry was conducted. The petitioner did not allegedly appear before him. However, the 2nd respondent reported that on getting instructions of the filing of this petition, necessary steps are being taken to keep the peace in the area. 3. The 3rd respondent has not chosen to enter appearance at all. The allegations against him stand uncontroverted. W.P(C) No.13703 of 2009-G 3 4. Today when the matter came up for hearing, we have heard the learned counsel for the petitioner. The learned counsel for the petitioner reiterates his prayer for issue of final order affording police protection to him. The learned Government Pleader submits that the State is willing to provide the necessary protection. Protection is being afforded as per the interim order dated 21.05.2009, it is submitted. In these circumstances, the interim order can be made absolute and the proceedings can be closed, submits the learned Government Pleader. That submission is accepted by the learned counsel for the petitioner. 5. We are satisfied that the request of the petitioner supported by the learned Government Pleader can be accepted. 6. This Writ Petition is accordingly allowed. The interim order dated 21.05.2009 is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/