IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 6427 of 2009(W) ------------------------- PETITIONER(S): ---------------------- K.R.KUNJUKRISHNA PILLAI, AGED 66 YRS, RESIDING AT KARALVEEDU, VENGA.PO,SASTHAM KOTTA, PIN-690569. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE,KOLLAM. 3. CIRCLE INSPECTOR OF POLICE, SASTHAM KOTTA,KOLLAM. 4. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA, KOLLAM. 5. S.SURESH, AGED 45 YEARS, ALINTE KIZHAKKATHIL VEEDU, VENGA, SASTHAM KOTTA, PIN-690569. ADV. SRI.P.V.DILEEP FOR R5 BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6427 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2009. JUDGMENT Raman, J, Petitioner is a senior citizen. He is residing in the address shown along with his wife and daughter. The allegation is that the fifth respondent, his neighbour, is attempting to trespass into the sarpakavu belonging to the petitioner's family, and on such occasion petitioner interfered, and that created enemity between the petitioner and the fifth respondent. As a result of such enemity, it is alleged that the fifth respondent came to the house of the petitioner and shouted at him and abused them with obscene language and threatened to cause physical harm. Further he also set fire on the logs kept in the property of the petitioner. The fire spread in an alarming rate and engulfed the entire area. Therefore, the petitioner had to run away and make police complaint. Finding that such complaints did not yield any result, he approached this court for police protection. 2. The fifth respondent entered appearance through counsel. Counsel appearing for the fifth respondent denied all the WPC. 6427/2009. 2 allegations aforesaid made by the petitioner. He being the Vice President of the Panchayat and a public man has only enquired about the incident that had happened in the property of the petitioner and did not make any assault or abuse the petitioner nor has he done anything to set fire the logs kept in the property of the petitioner. 3. It is not necessary for us in this writ petition to find out the truth or genuineness of the allegations and counter allegations made by the parties, since when a complaint is received by the police, it is for them to investigate into the complaint, and if found true, to proceed further in accordance with law. However, the fact that there was a fire incident cannot be disputed. If so, necessarily, to keep peace and to maintain law and order, protection has to be afforded. In that view, this court, by an interim order made on 27.2.2009, directed the police to see that law and order is maintained and the lives of the parties are not endangered. Pursuant to such direction, no further incident is reported. In the above circumstances, the order made by this court on 27.2.2009 is made absolute. No other orders are called for. WPC. 6427/2009. 3 The writ petition is closed. P.R. Raman, Judge P. Bhavadasan, Judge sb.