IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5885 of 2010(I) ---------------------------------------------- PETITIONER(S): ---------------------- T.S.HASHIMUDHEEN, AGED 36 YEARS, S/O. SAINUDEEN, THEPPARAMBIL HOUSE, NEAR JOJO MILL,LOKAMALESWARAM, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, THRISSUR. 2. SUB INSPECTOR OF POLICE,KODUNGALLUR. 3. KUTTAPPAN, S/O.POLAKULATH RAMAN, AGED 68 YEARS,TAILOR,POLAKULATH HOUSE, KODUNGALLUR TALUK, LOKAMALESWARAM VILLAGE & DESOM. 4. BHARGAVI, W/O.POLAKULATH KUTTAPPAN, AGED 65 YEARS,POLAKULATH HOUSE, KODUNGALLUR TALUK, LOKAMALESWARAM VILLAGE & DESOM. 5. MOHANAN, AGED 45 YEARS, S/O.POLAKULATH KUTTAPPAN, POLAKULATH HOUSE, KODUNGALLUR TALUK, LOKAMALESWARAM VILLAGE & DESOM. 6. PRADEEPAN, AGED 42 YEARS, S/O.POLAKULATH KUTTAPPAN, POLAKULATH HOUSE, KODUNGALLUR TALUK,LOKAMALESWARAM VILLAGE & DESOM R1 & R2 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 5885 OF 2010 I --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks the following reliefs; “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to render adequate and necessary police protection to the life and property of the petitioner as well as his family from the threat of respondents 3 to 6 and their henchmen. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 & 2 to ensure that the order of injunction passed by the Court below is maintained.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is working abroad. Now he has come to India WPC.5885/2010 I 2 on leave. He obtained an interim order of injunction restraining respondents 3 to 6 from entering into the plaint schedule property nor to prevent the petitioner from constructing boundary wall. After getting the injunction order, petitioner along with his workers tried to construct a boundary wall. Respondents 3, 5 and 6 obstructed the same. It is stated that the matter has been informed to the second respondent's office and the police came to the spot and interfered in the matter. It is stated that the sixth respondent threatened the petitioner that he will finish him off and his family, and that he will prevent the return of the petitioner to Gulf. Petitioner filed complaints. 3. We heard the learned counsel for the petitioner and also the learned Government Pleader. Learned Government Pleader on instructions submits that on the basis of the complaint, respondents 3 to 6 were called to the police station and that the matter has been settled. We take note of the submissions and we further relegate the petitioner if the petitioner is aggrieved, to WPC.5885/2010 I 3 pursue the remedies before the civil court and also the Authorities in law. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge