IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 7521 of 2010(M) -------------------------------------- PETITIONER(S): ------------------------ 1. UNUS KUNJU, S/O.KUNJU, AGED 62, MUNDAKATH VADAKKATHIL, KANNAMPPALLY BHAGAM, KAYAMKULAM. 2. ANIMON, S/O.UNUS KUNJU, AGED 30, -DO-. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 3. THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, MAVELIKKARA. 4. THAJUDEEN, KOCHARACKAL, KANNAMPALLY BHAGAM, KAYAMKULAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R4 BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.7521/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER'S WIFE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT KAYAMKULAM. P2 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P3 COPY OF THE STAY PASS ISSUED TO THE 1ST PETITIONER DATED 27/7/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 7521 OF 2010 ----------------------------------------------------------- Dated this the 25th March, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition seeking issue of directions under Art.226 to respondents 1 to 3 to afford police protection to the petitioners against wanton, culpable and violent conduct on the part of the fourth respondent. 2. Petitioners are father and son. The second petitioner/son was employed with the fourth respondent. There has been disputes and deferences between the second petitioner and the fourth respondent. Fourth respondent is allegedly indulging in violent conduct against the petitioners as also the breast feeding wife of the second petitioner. It is in these circumstances that the petitioner came to this Court with this petition for police protection. 3. The fourth respondent has entered appearance. According to the fourth respondent the allegations are totally false. The second petitioner's wife does not have a breast feeding child at all and in these circumstances it is evident that WPC 7521/2010 2 the allegations are totally false. Be that as it may, the learned counsel for the fourth respondent submits that there are disputes between the second petitioner and the fourth respondent. The second petitioner has allegedly misappropriated amounts and when objections were raised there was an agreement that the amount shall be repaid. The amount has not been repaid and it is to avoid the obligation under the agreement that such a false allegation is now being raised. The fourth respondent undertakes that in any view of the matter the fourth respondent shall take only legal steps against the petitioners and shall not in any way attack or cause physical harm to the petitioners. This undertaking may be recorded and no further directions need in these circumstances be issued submits the learned counsel for the fourth respondent. 4. The learned Govt. Pleader after taking instructions submits that in the perception of respondents 1 to 3 police officials there is no threat to the life or person of the petitioners. If there be any such threat necessary action shall be taken against the fourth respondent submits the learned Govt. Pleader. The learned Govt. Pleader points out that there has been interim order issued on 5-8-2010. The period of that interim order has WPC 7521/2010 3 expired after three weeks. There after also there has been no untoward incidents at all. No directions under Art.226 are now necessary it is pointed out. 5. We have considered all the relevant inputs. We are not persuaded to agree that any further directions need now be issued. We record and accept the submission of the fourth respondent. We record and accept the submission of the learned Govt. Pleader. No further directions are hence necessary. This writ petition is in these circumstances dismissed accepting the undertaking of the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7521/2010 4