IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 12146 of 2011(P) --------------------------------------- PETITIONER: ------------------- VIDHYADHARAN.V, AGED 50 YEARS, S/O.K.P. VAMANAN, R.V. NIVAS, BASIN ROAD, ERNAKULAM, KOCHI -31. BY ADVS. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENTS: ------------------------ 1. THE ASSISTANT COMMISSIONER TRAFFIC, CENTRAL STATION, ERNAKULAM - 682 031. 2. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM - 682 017. 3. P.A. MUHAMMED SHEREEF, BRANCH MANAGER, SAURASHTRA ROAD WAYS, (DELHI), BASIN ROAD, ERNAKULAM - 682 017. R1 & R2 BY GOVT. PLEADER SRI. C.M. CHARISMA, R3 BY ADV. SRI.T.M.ABDUL LATHEEF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12146/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 27/10/2009. EXT.P.2: COPY OF THE LETTER DTD. 04/11/2010. EXT.P.3: COPY OF THE COMPLAINT DTD. 22/02/2010. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE LEGAL NOTICE DTD. 11/02/2011. EXT.R3.B: COPY OF THE REPLY NOTICE DTD. 24/03/2011. EXT.R3.C: COPY OF THE NOTICE DTD. 11/04/2011 ISSUED BY THE ADVOCATE COMMISSIONER IN I.A. NO.2395 OF 2011 IN R.C.P. NO. 67 OF 2011 OF THE MUNSIFF COURT, ERNAKULAM. EXT.R3.D: COPY OF THE PHOTOGRAPH. EXT.R3.E: COPY OF THE PHOTOGRAPH. EXT.R3.F: COPY OF THE MEMORANDUM OF W.P.(C).NO.2394/2011 FILED BEFORE THIS HONOURABLE COURT. //TRUE COPY// P.S. TO JUDGE. Prv. R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.12146 OF 2011 ............................................. Dated this the 7th day of June, 2011. JUDGMENT Basant, J: Petitioner has come to this Court seeking issue of directions to respondents 1 and 2 - police officials to afford protection to the petitioner against illegal, culpable and contumacious conduct on the part of the 3rd respondent. 2. Petitioner resides on the first floor of a two storied building belonging to his father. The ground floor is let out on lease and third respondent is the Manager of the business conducted in the ground floor. The business of the 3rd respondent is a roadways service and in connection with that, vehicles come to the premises of the ground floor. 3. The grievance of the petitioner is that obstruction to movements is caused by parking of the vehicles. Further grievance is that some employees of the 3rd respondent, who come there in vehicles, are peeping into the house of the petitioner on the first floor and offending their right of W.P.(C).NO.12146 OF 2011 : 2 : privacy. 4. Notice was ordered to the respondents. For respondents 1 and 2, learned Government Pleader appears. Learned Government Pleader submits that respondents 1 and 2 had taken appropriate action to ensure that there is no illegal obstruction of traffic and in the perception of police officials, there is no threat to the life of person or the activities of the petitioner now. 5. Third respondent has entered appearance and a counter affidavit has been filed. According to the 3rd respondent, petitioner's father has filed a petition for eviction and the attempt is to somehow throw the 3rd respondent out of possession. There is no need to arm the petitioner with an order of police protection. The allegations are false. If there is improper use of the tenanted premises by the 3rd respondent, the landlord shall certainly seek appropriate relief under the civil law. Learned Government Pleader submits that action has already taken to ensure that there is no obstruction to traffic in the locality. About the allegations of inclusion into the privacy, if there is W.P.(C).NO.12146 OF 2011 : 3 : commission of any criminal offence, the petitioner shall be at liberty to complain to respondents 1 and 2 whereupon they shall take necessary action in accordance with law, submits the learned Government Pleader on behalf of respondents 1 and 2. We are in these circumstances satisfied that no specific direction need be issued. We accept the submission of the learned Government Pleader. This petition is in these circumstances dismissed accepting the submission of the learned Government Pleader. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge. cl