IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 2046 of 2011(E) ------------------------- PETITIONER(S): --------------- KANIYAL GOPLALAN, S/O. KUNHAPPU VAIDYAR, AGED 72 YEARS, TALIPARAMBA AMSOM, KEEZHATTOOR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH SRI.J.ABHILASH RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMBA, TALIPARAMB .P.O., KANNUR DISTRICT.670121 2. THE SUB INSPECTOR OF POLICE, TALIPARAMBA POLICE STATION, TALIPARAMBA.P.O., KANNUR DISTRICT.670121 3. P.P.RAJESH, S/O. LATE.KRISHNAN VAIDYAR, AGED 34 YEARS, PUTHENPURAYIL HOUSE, TALIPARAMBA AMSOM, KUPPAM DESOM, KUPPAM P.O., KANNUR DISTRICT-670141. 4. M.RAVEENDRAN VAIDYAR, AGED 54 YEARS, S/O. LATE. KRISHNAN VAIDYAR, PUTHENPURAYIL HOUSE, TALIPRAMBA AMSOM, KUPPAM DESOK,KUPPAM P.O., KANNUR DISTRICT-670141. 5. P.P.CHANDRAN, AGED 46 YEARS, S/O. LATE KRISHNAN VAIDYAR, PUTHENPURAYIL HOUSE, TALIPARAMBA AMSOM, KUPPAM DESOM,KUPPAM P.O., KANNUR DISTRICT-670141. 6. M.M. SIVASANKARAN, AGED 42 YEARS, S/O. LATE KRISHNAN VAIDYAR, PUTHENPURAYIL HOUSE, TALIPARAMBA AMSOM, KUPPAM DESOM,KUPPAM P.O., KANNUR DISTRICT-670141. ADV. SRI.SUNIL NAIR PALAKKAT FOR R3-6 SRI.K.N.ABHILASH FOR R3-6 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2046/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARTITION DEED. EXT.P2: COPY OF THE ORDER IN I.A. NO.682/2010 BY THE VACATION COURT, THALASSERY DATED 4/6/2010. EXT.P3: COPY OF THE WOUND CERTIFICATE ISSUED FROM GOVERNMENT TALUK HOSPITAL, TALIPARAMBA DATED 20/5/2010. EXT.P4: COPY OF THE PETITION DATED 26/10/2010 EXT.P5: COPY OF THE PETITION DATED 13/1/2011. EXT.P6: COPY OF RECEIPT DATED 13/1/2011 EXT.P7: COPYOF PETITION DATED 14/1/2011. RESPONDENTS EXHIBITS: EXT.R3: COPY OF THE PLAINT IN O.S. NO. 172/2010 OF THE VACATION COURT THALASSERY FILED BY THE 3RD RESPONDENT AND OTHERS. EXT.R3(B): COPY OF THE ORDER DATED 2/12/2010 IN WPC NO. 35250/2010. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.2046 OF 2011 ------------------------ Dated this the 29th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition filed under Article 226 the petitioner seeks police protection for his life. The party respondent has filed a detailed counter affidavit wherein it is contended that he does not intend to cause any danger to the life of the petitioner and that the writ petition has been filed without any benefits for covering the real dispute between the parties which is a civil dispute in respect of the property. The learned Government Pleader also on the basis of the instructions received from the police submitted that enquiry into the complaint submitted by the petitioner reveals that the real dispute between the parties is a property dispute and that no threat subsists to the life of the petitioner at all. We do not find any warrant for issuance of the direction sought for. We record the undertaking contained in the counter WPC NO.2046/2011 2. affidavit and dispose of this writ petition directing both sides to agitate their dispute over the property in a competent civil court. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk