IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 14920 of 2011(L) -------------------------------------- PETITIONER: ------------------- SANTHOSH ANTONY , S/O.ANTOONY POOVELIKUNNEL HOUSE, MELAZHUTHA KARA, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, INDUKKI AT PAINAVU, IDUKKI DISTRICT, PIN- 685 603. 2. SUPERINTENDENT OF POLICE, KOTTAYAM- 686 001. 3. SUB INSPECTOR OF POLICE PEERMEDU, IDUKKI DISTRICT PIN -685 531. 4. SUB INSPECTOR OF POLICE KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN- 686 507. 5. SUB INSPECTOR OF POLICE MUNNAR, IDUKKI DISTRICT, PIN -686 507. 6. K.T.SEBASTIAN @ DEVASSIA, S/O.THOMAS, KANDATHINKARA HOUSE, KUTTIKKANAM KARA, PEERMEDU TALUK, IDUKKI DISTRICT, PIN- 685 531. 7. KUNJAMMA SEBASTIAN, W/O.SEBASTIAN @ DEVASSIA, KANDATHINKARA HOUSE KUTTIKKANAM KARA, PEERMEDU TALUK, IDUKKI DISTRICT, PIN- 685 531. W.P.(C). NO.14920/2011-L: 8. RAJEEV @ GOONDA RAJEEV, S/O. PUSHPANGATHAN, BHAMA BHAVANAM, KUMARANELLOOR KARA, KOTTAYAM, PIN -686 016. R1 TO R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14920/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIRST INFORMATION REPORT IN CONNECTION WITH CRIME NO. 470/2008 OF PEERMADE POLICE STATION. EXT.P.2: COPY OF THE FINAL REPORT IN CONNECTION WITH CC.NO.274/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT PEERMADE. EXT.P.3: COPY OF THE DEPOSITION MADE IN CHIEF BY THE PETITIONER AS PW1 IN CONNECTION WITH CC.NO.274/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT PEERMADE. EXT.P.4: COPY OF THE FIR NO.6/2009 REGISTERED BY THE SUB INSPECTOR OF POLICE, PEERMADE AGAINST THE R6. EXT.P.5: COPY OF THE FINAL REPORT IN CONNECTION WITH CC.NO.482/009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT PEERMADE. EXT.P.6: COPY OF THE DEPOSITION MADE IN CHIEF BY THE PETITIONER AS PW1 IN CONNECTION WITH CC.NO.48/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT PEERMADE. EXT.P.7: COPY OF THE WRITTEN COMPLAINT MADE BY THE PETITIONER BEFORE SUB INSPECTOR OF POLICE, PEERMADE ON 23/04/2011. EXT.P.8: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.242/11 FOR OFFENCES UNDER SECTION 294(B) 506(1) READ WITH SECTION 34 OF THE INDIAN PENAL CODE AGAINST THE R.8. EXT.P.8: COPY OF THE FIR IN CONNECTION CRIME NO. 241/2011 OF KANJIRAPPALLY POLICE STATION. EXT.P.10: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE R.1. SEEKING PROTECTION TO HIS LIFE FROM THE THREAT MADE BY THE R.8 VIDE REQUEST DTD. 02/05/2011. EXT.P.11: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE R.2. SEEKING PROTECTION TO HIS LIFE FROM THE THREAT MADE BY THE R.8 VIDE REQUEST DTD. 02/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14920 of 2011 ------------------------------------------- Dated this the 9th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions to respondents 1 to 5 under Article 226 of the Constitution to afford police protection against the illegal, contumacious, culpable and violent conduct apprehended on the part of respondents 6 to 8. The petitioner claims that the petitioner and the 7th respondent are joint owners of the business of running a resort. There are disputes between them against the running of the resort. There is allegation of the petitioner that the 7th respondent is guilty of culpable mismanagement and misappropriation. When that was detected, the 7th respondent along with her husband, the sixth respondent and the 8th respondent who is allegedly a hired gunda, are attempting to threaten, intimidate and cause harm to the life and person of the petitioner. Appropriate directions may be issued to protect the life and person of the petitioner, it is prayed. 2. A counsel has entered appearance for respondents 6 and 7. There is no appearance for the 8th respondent. WPC No.14920/2011 2 The learned counsel for respondents 6 and 7 submits that all the allegations are totally false. The petitioner has a dubious past and criminal antecedents. The boot is on the other leg. It is the petitioner who is trying to threaten and intimidate respondents 6 and 7. Respondents 6 and 7 have no intention whatsoever to indulge in any contumacious or culpable acts against the petitioner. No directions under Article 226 of the Constitution are necessary in favour of the petitioner. In fact such directions must be issued in favour of the respondents 6 and 7, submits the learned counsel for respondents 6 and 7. 3. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that in the perception of the police, there is no threat to the life or person of the petitioner. There are crimes and counter crimes registered. Investigation is in progress. If there be any threat against the petitioner from respondents 6 and 7 or any one acting at their behest or if there be any threat against respondents 6 and 7 from the petitioner or anyone acting at his behest, such aggrieved person can complain to the respondents, who shall WPC No.14920/2011 3 thereupon respond adequately to the situation and offer protection for the life and person of the parties, if there be any such genuine threat. No directions under Article 226 of the Constitution are necessary in these circumstances, submits the learned Government Pleader. 4. We have considered all the relevant inputs. We are satisfied that the submissions of the learned Government Pleader can be accepted. Civil disputes between the parties, if any, will have to be resolved by them by resort to civil litigative process. If there be any threat to the life and person of the petitioner or respondents 6 and 7, they shall be at liberty to complain to the police officials concerned. 5. Accepting the submissions of the learned Government Pleader and with the above observations, this petition is dismissed. SD/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE WPC No.14920/2011 4 WPC No.14920/2011 5 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14920 of 2011 ------------------------------------------- Dated this the 2nd June, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 5. Issue notice to respondent Nos.6 to 8. The learned counsel for the petitioner prays and the petitioner is permitted to take out notice by special messenger to respondent Nos.6 to 8. Verify service. Call again on 9.6.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/