IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 20872 of 2009(D) -------------------------- PETITIONER(S): --------------- O.C.JOSEPH, AGED 70 YEARS, S/O.CHERIAN, OOROTH HOUSE, VILANGU KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KUNNATHUNADU, KUNNATHUNADU POLICE STATION, P.O.PATTIMATTOM, ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU, P.O.PATTIMATTOM, ERNAKULAM DISTRICT. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 4. THOMAS, S/O.VARGHESE, MEKKAMKUNNEL HOUSE, VILANGU KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI. T.K.VIPINDAS -R1 TO R3 ADV. SRI.JOY C. PAUL FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.20872/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the pattah PF1/74. Ext.P2: True copy of the tax receipt of the property. Ext.P3: True copy of the property tax receipt of the building which is numbered as VII/105 A of Kizhakkambalam Grama Panchayat. Ext.P4: True copy of the order of the Ombudsman dated 15.5.2009. Ext.P5: True copy of the letter dated 22.7.2008 from the Chief Minister's office. Ext.P6: True copy of the request made to the 1st respondent. Ext.P7: True copy of the receipt issued by the police. Ext.P7(a): True copy of the receipt issued from the office of the 3rd respondent. Ext.P8: True copy of the sub committee report. Ext.P9: True copy of the objection filed by the petitioner dated 10.2.2009 in the case. RESPONDENTS' EXHIBITS: Ext.R4(a): True copy of the plaint in O.S.365/08 before the Munsiff's Court, Perumbavoor. Ext.R4(b): True copy of the commission report dated 11.11.2008 submitted by Basil Joy, Advocate Commissioner. Ext.R4(c): True copy of the order in W.P.(C)No. 155 of 2005. W.P.(C)NO.20872/2009 Ext.R4(d): True copy of the order dated 2.8.2007 in Appeal No.4/2005 of the AIR Appellate Authority. Ext.R4(e): True copy of the inspection report PCB/CHM/AC- 159/97 dated 12.12.2008 of Chief Environmental Engineer to the Joint Secretary, Chief Minister's Grievance Relief Cell, Sutharya Keralam. Ext.R4(f): True copy of the order ;in W.P.(C)No. 19304/2007(W) KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 20872 OF 2009 --------------------------------------------- Dated this the 21st day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayer: i. Issue a writ of mandamus or any other appropriate order or direction, commanding the respondents 1 to 3 to provide adequate and meaningful protection for the life of the petitioner, his family and also for the property covered by Ext.P1 to P3 documents. 2. The allegation is that the writ petitioner has been fighting against the 4th respondent in respect of conduct of a metal crusher unit in the neighbourhood. It is submitted that on account of such a fight, the 4th respondent is disturbing the petitioner and the members of his family and causing inconvenience to the peaceful enjoyment of his property. 3. Learned counsel for the 4th respondent submits that there is absolutely no basis for any of the above submissions and that the W.P.(C)NO. 20872/2009 2 submissions are made only with some ulterior motive. Counsel further submits that no obstruction or trouble is caused to the petitioner on the part of the 4th respondent, his agents or workers. The above submissions are recorded. Accordingly the Writ Petition is disposed of, making it clear that in case there is any problem to the life and property of the petitioner on the part of the 4th respondent or his henchmen, it will be open to the petitioner to approach the second respondent in which event, necessary steps shall be taken by the second respondent to ensure that law and order is strictly maintained and that the life and property of the petitioner is protected. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 20872/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.20872/2009 JUDGMENT 21st August, 2009 W.P.(C)NO. 20872/2009 4