IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19209 of 2011(A) --------------------------------------- PETITIONER(S): ----------------------- APPUKUTTAN, S/O.KUTTAN, AGED 54 YEARS PAMPLANIYIL FARM HOUSE,CHENGULAM PO,VELLATHOOVAL IDUKKI DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL POLICE STATION, VELLATHOOVAL PO, ADIMALY VIA, IDUKKI DISTRICT 685 563. 2. THE SUPERINTENDENT OF POLICE IDUKKI DISTRICT, PAINAVU,IDUKKI , IDUKKI DISTRICT 685 603. 3. MR. CHARLY, AGED ABOUT 40 YEARS, CHIRAYIL HOUSE, WARD NO.9, VELLATHOOVAL PANCHAYATH DEVIKULAM TALUK, IDUKKI DISTRICT 685 563. R1 & R2 BY GOVT. PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19209/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 11.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P2:- COPY OF THE REPRESENTATION DTD. 11.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- W.P.(C)No.19209 of 2011 ---------------------------------------------------- Dated this the 19th day of July, 2011 Judgment Basant, J. The petitioner has come to this court seeking issue of directions to respondents 1 and 2 - both police officials of the State - to afford protection to the petitioner against illegal conduct on the part of the third respondent. 2. According to the petitioner, he is the Supervisor of an estate measuring 24 acres owned by one Roy Mathew. The estate is planted with coffee, coco, cardamom etc. 3. According to the petitioner, the third respondent is a jobless neighbour. He is unnecessarily interfering with the activities of the estate under the charge of the petitioner. According to the petitioner, the third respondent is resorting to the illegal conduct of threatening and intimidating the workers from Assam who have come here to work for the petitioner. Why is the third respondent doing this? To this query, the only answer of the learned counsel for the petitioner is that if there are no workers in the estate, the third respondent shall be getting W.P.C.19209/11 2 opportunity to take away things from the estate. For this reason alone, the third respondent is obstructing the employment of the workers from Assam engaged by the petitioner. 4. The case of the petitioner did not inspire confidence in us. We, therefore, did not admit the petition, but wanted the learned Government Pleader to take instructions from respondent No.1. 5. The learned Government Pleader, after taking instructions submits that in the perception of the first respondent, there is no threat whatsoever against the life, person or property of the petitioner. There was some dispute between the third respondent and the petitioner. That dispute was about stones placed by the side of a pathway by the petitioner. At any rate, there is no law and order situation now. Appropriate steps have been taken to solve such dispute. There is no other surviving dispute now which warrants the issue of directions under Article 226 of the Constitution by this court. If the petitioner or the third respondent has any complaint, they shall be at liberty to complain to the police whereupon appropriate action in accordance with law shall be taken by the first respondent, submits the learned Government Pleader. W.P.C.19209/11 3 6. We have considered all the relevant inputs. We are not persuaded to agree that this is a case where the extra-ordinary jurisdiction vested in this court under Article 226 of the Constitution deserves to be invoked. We accept the submissions of the learned Government Pleader. 7. This petition is, in these circumstances, dismissed accepting the submissions of the learned Government Pleader. R. BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd W.P.C.19209/11 4 W.P.C.19209/11 5 W.P.C.19209/11 6