IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 36731 of 2007(W) --------------------------------------- PETITIONER: ------------------- SURESH, S/O. SOMAN, SIVASANKARAZHIKAM, KURUMANDAL, PARAVOOR, KOLLAM. BY ADV. SRI.C.RAJENDRAN, ADV. SRI.N.SHANOJ. RESPONDENTS: ----------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, PARAVOOR, KOLLAM. 3. RAMACHANDRAN, KRC VILASAM, KURUMANDAL, PARAVOOR. 4. SUNIL, PONNANTAZHIKAM KOCHUTHODIYILPADINJARU, KURUMANDAL, PARAVOOR. 5. BASALU, S/O. RAMACHANDRAN, KRC VILASAM, KURUMANDAL, PARAVOOR. 6. DILEEP, S/O. RAMACHANDRAN, KRC VILASAM, KURUMANDAL, PARAVOOR. 7. SANTHOSH, S/O. SADANANDAN, SIVASANKARAZHIKAM, KURUMANDAL, PARAVOOR. 8. PRASANNAN, PATTUVILA VEEDU, KOTTAPPURAM, PARAVOOR. 9. RANJITH, CHETTIKKAZHIKAM, KURUMANDAL, PARAVOOR. BY GOVT. PLEADER SRI. SALIM.P.A, ADV. SRI.S.BIJU (KIZHAKKANELA), ADV. SRI.JOHNSON GOMEZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36731/2007-W: APPENDIX PETITIONER'S EXHIBIT : EXT.P.1: COPY OF THE COMPLAINT DTD. 29/11/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Writ Petition (Civil) No. 36731 of 2007-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 26th day of March, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioner submits that he is an Auto-rickshaw Driver. The property which he got in family partition was sold to the third and fifth respondents. Later, he started living in a property belonging to Mr.Asokan, who is the son of his uncle. To compel him to transfer the said property to the third respondent, the said respondent and other party respondents are threatening and harassing him, it is submitted. In view of the said threat and harassment, now he is living incognito in a place which is 30 kms away from the aforementioned property. He apprehends danger to his life. That is why he is staying away. He wants to come back and reside in the house belonging to his cousin, Mr.Asokan. If he goes there, he thinks that he will be manhandled by respondents 3 to 9. Therefore, he filed Ext.P1 petition for police protection to come back and reside in the aforementioned house. Since, the police did not take any action, this writ petition is filed seeking appropriate reliefs. W.P.(C).No.36731/2007 -: 2 :- 2. The fifth respondent has filed a counter affidavit in which it is submitted that the ninth respondent, who belongs to a Scheduled Caste has been attacked and abused by the petitioner even calling her caste name. It is also submitted that other family members of the ninth respondent were also abused and attacked. It is further stated that the petitioner used to drink heavily and, thereafter, he used to abuse the ninth respondent and her family members. It is submitted that the allegations of the petitioner are unfounded. In fact, the petitioner and his supporters have attacked the party respondents. 3. The learned Government Pleader upon instructions submitted that there are two cases registered by the police. The first case was registered against the petitioner under Sections 143, 147, 148, 323, 324 read with Section 149 of the Indian Penal Code. A counter case has been registered against the party respondents also. The police have initiated proceedings under Section 107 Cr.P.C against both the parties, it is submitted. W.P.(C).No.36731/2007 -: 3 :- 4. Though the petitioner was granted time several times, he did not file any reply affidavit. We heard the learned counsel on both sides. Having regard to the allegations and counter allegations, we are of the view that no order should be passed by us under Article 226 of the Constitution of India in favour of the petitioner or the other side. The petitioner may invoke the ordinary remedies available to him under the Codes of Civil Procedure and Criminal Procedure. Accordingly, the writ petition is dismissed. But this will not effect the powers of the police to investigate any cognizable offence reported. (K.BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ms