IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 13058 of 2011(F) ------------------- PETITIONER : -------------------- MUSTAFA, S/O. JAFAR KUNJU, AGED 56 YEARS, AFAFA MANZIL, ARAFA NAGAR, HOUSE NO.22, KAYYALAKKAL, VADAKKEVILA.P.O., KOLLAM. BY ADVS. SRI. K. SIJU SRI. MOHAMMED RAFI SMT. BINDU GEORGE RESPONDENT(S): ------------------------- 1. CITY POLICE COMMISSIONER, KOLLAM-691001. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM-691001. 3. THE SUB INSPECTOR, ERAVIPURAM POLICE STATION, ERAVIPURAM, KOLLAM-691011. 4. SIYAD KHAN, S/O. USAIFA BEEVI, THOPPIL VEEDU, HOUSE NO.21, ARAFA NAGAR, VADAKKEVILA.P.O., KOLLAM-691010. 5. USAIFA BEEVI, W/O. IBRAHIM PILLAI, THOPPIL VEEDU, HOUSE NO.21, ARAFA NAGAR, VADAKKEVILA.P.O., KOLLAM-691010. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 13058 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF BUILDING TAX RECEIPT FOR THE YEAR 2009-2010. EXT.P2 : COPY OF TAX RECEIPT FOR THE YEAR 2009-2010. EXT.P3 : COPY OF FIRST INFORMATION REPORT AND FINAL REPORT IN CRIME NO. 89/2011 OF ERAVIPURAM POLICE STATION. EXT.P4 : COPY OF FIRST INFORMATION REPORT IN CRIME NO. 227/2011 OF ERAVIPURAM POLICE STATION. EXT.P5 : COPY OF REPRESENTATION AND THE ENDORSEMENT OF THE 1ST RESPONDENT DATED 23.2.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13058 of 2011 ------------------------------------------- Dated this the 23rd May, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 to 3 to afford protection for the life of the petitioner and members of his family. 2. According to the petitioner, he was employed abroad. His wife and children were residing in India. Respondents 4 and 5 are neighbours. Respondent No.4 is the son of respondent No.5. Respondent Nos.4 and 5 were indulging in contumacious and culpable conduct against the family of the petitioner in his absence. The petitioner was hence constrained to give up employment abroad and return to India. Even thereafter the harassment and culpable conduct is continuing. It is in these circumstances that the petitioner seeks issue of directions to the police to afford police protection. 3. Respondents 4 and 5 have been served. They have WPC No.13058 of 2011 2 not chosen to enter appearance. The learned Government Pleader after taking instructions submits that there are disputes between the neighbours. Allegations and counter allegations galored. Crimes have been registered. In the perception of the police officials, there is no threat to the life of the petitioner or his family members. Because of the dispute between the neighbours, there has been incidents. Crimes have been registered. Police shall do the needful to ensure that there is no law and order situation and no crimes are committed by the neighbours. If any crimes are committed, necessary legal action will be taken. It is not necessary to clothe either party with any order of police protection for life, in these circumstances. This writ petition may be dismissed, submits the learned Government Pleader. 4. We have considered all the relevant inputs. We are not persuaded to agree that any specific directions for the protection of the life of the petitioner need be issued against respondents 4 and 5. We accept the submissions of the learned Government Pleader that necessary steps shall be taken to ensure that there is no crimes committed WPC No.13058 of 2011 3 by the neighbours and action, if any, necessary shall be taken in respect of such crimes, if any, committed. 5. Accepting the submissions of the learned Government Pleader, we dismiss this writ petition. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/