IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 24828 of 2011(C) -------------------------- PETITIONER(S): --------------- FAROOQ, AGED 39 YEAR,S S/O. KOYA, CHETTIYAMTHOLI HOUSE, PANDARANGADI, PARAPPURAM, THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR SRI.K.H.ASHARAF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, (HOME DEPARTMENT), SECRETRIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM, MALAPPURAM DISTRICT. 3. THE TIRURANGADI POLICE STATION, TIRURANGADI. 4. HASSANKUTTY, MUTTICHIRACKAL, PANDARANGADI, THIRURANGADI, MALAPPURAM. 5. SHIHAB, MUTTICHIRACKAL, PANDARANGADI, THIRURANGADI, MALAPPURAM. 6. MANSOOR, S/O. HASSANKUTTY, MUTTICHIRACKAL, PANDARANGADI, THIRURANGADI, MALAPPURAM. 7. SAKEER, S/O. HASSANKUTTY, MUTTICHIRACKAL, PANDARANGADI, THIRURANGADI, MALAPPURAM. -2- 8. SAINUDHEEHN,S/O.HASSANKUTTY, MUTTICHIRACKAL, PANDARANGADI, THRIRURANGADI,MALAPPUARAM. 9. HANEEFA, POOCHINGAL KUNNATH, S/O.HASSAN PANDARAGNADI, THIRURANGADI, MALAPPURAM. 10. ARAFATH, W/O.ABU HAJI, MITTICHERACKAL, PANDARANGADI, THIRURANGADI, MALAPPURAM. BY P.P. SRI. GIKKU JACOB. ADV. SRI.K.P.SUDHEER FOR R4-10 SMT.M.SINDHU THANKAM FOR R4-10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: EXT.P1 - TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE DISTRICT COLLECTOR, MALAPPURAM. EXT.P2 - TRUE COPY OF THE COMMUNICATION DATED 28/9/2010 ISSUED BY VILLAGE OFFICER, THIRURANGADI. EXT.P3 - TRUE PHOTOCOPY OF THE NOTICE DATED 20/8/2010 OF THE VILLAGE OFFICER, THIRURANGADI. EXT.P4 - TRUE COPY OF THE PETITIONER SUBMITTED FIR 422/2011 OF TIRURANGADI POLICE STATION. EXT.P5 - TRUE COPY OF FIR 421/11 OF TIRURANGADI POLICE STATION. EXT.P6 - TRUE COPY OF THE PETITION BEFORE DY.S.P., MALAPPURAM SUBMITTED BY THE PETITIONER. EXT.P7 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a) - TRUE COPY OF THE JUDGMENT DATED 2/11/2010 IN WP(C) NO.14478 OF 2010 PASSED BY THIS HON'BLE COURT. EXT.R4(b) - TRUE COPY OF DOC. NO.5275/2010 OF TIRURANGADI SRO DATED 10/12/2010. EXT.R4(c) - TRUE COPY OF AGREEMENT EXECUTED BY THE 4TH RESPONDENT AND THE PETITIONER'S BROTHER ON 11TH OCTOBER, 2010. //TRUE COPY// P.S. TO JUDGE R. BASANT & V. CHITAMBARESH, JJ. ------------------------------------------------- W.P. (c) No. 24828 of 2011-C ------------------------------------------------- Dated this the 23rd day of November, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition under Art.226 of the Constitution for issue of directions to respondents 2 and 3, police officials under the 1st respondent/State, to afford protection to the life of the petitioner against contumacious, culpable and violent acts which he apprehends from respondents 4 to 10. 2. According to the petitioner, respondents 4 to 10 are indulging in illegal activities contrary to the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner has been raising complaints against respondents 4 to 10. Aggrieved by the conduct of the petitioner raising such objection/complaints, respondents 4 to 10 are allegedly indulging in contumacious, culpable and violent acts against the petitioner. Two crimes have already been registered. The petitioner W.P. (c) No. 24828 of 2011 -: 2 :- apprehends physical harm at the hands of respondents 4 to 10. The short prayer in this petition is that appropriate directions may be issued to respondents 2 and 3 to ensure that life and person of the petitioner is protected. 3. Notice was issued. Respondents 4 to 10 have entered appearance. According to respondents 4 to 10, they are not indulging in any activities contrary to the provisions of the Kerala Conservation of Paddy Land and Wet Land Act. Complaints are raised by the petitioner most unjustifiably. There is a civil dispute between the parties regarding a path way and that has already been settled by Ext.R4(c). The attempt of the petitioner is to wriggle out of the obligations/liabilities under Ext.R4(c) and for this purpose a spate of false complaints are being filed by the petitioner against respondents 4 to 10. The petitioner along with some others had come to this Court earlier and an order of police protection against some others have been obtained as per Ext. R4(a) judgment. The learned counsel for respondents 4 to 10 submits that there is absolutely no threat to the life or person of the petitioner and there is no necessity whatsoever to permit the petitioner to arm himself with an order of police protection. Such order is likely to be mis-utilised, submits counsel. 4. We turned to the learned Government Pleader for W.P. (c) No. 24828 of 2011 -: 3 :- submissions. The learned Government Pleader submits that against the petitioner various crimes have been registered and proceedings under Sec.107 Cr.P.C. has been initiated. In the perception of the police officials, there is no threat to the life or person of the petitioner and if there be any such threat, the petitioner shall be at liberty to complain to respondents 2 and/or 3 and appropriate action in accordance with law shall be taken if any such genuine complaint is received, submits the learned Government Pleader. 5. We have considered all the relevant inputs. We do not perceive any need to permit the petitioner to arm himself with an omnibus order of police protection. We take note of the submission of respondents 4 to 10 that they intend to cause no harm to the life or person of the petitioner. We take note of the submission of the learned Government Pleader, on behalf of respondents 1 to 3, that even though at present they do not perceive any threat to the life or person of the petitioner, genuine complaint, if any, on that aspect shall be promptly and properly attended to. We are, in these circumstances, satisfied that no specific directions are necessary in this matter. 6. Proceedings are closed and this writ petition is allowed in part with the observation that if the petitioner has any such W.P. (c) No. 24828 of 2011 -: 4 :- genuine grievances, it shall be open to him to complain to respondents 2 and/or 3 whereupon necessary action in accordance with law shall be taken by respondents 2 and 3 if such grievances are found to be genuine. Sd/- R. BASANT (Judge) Sd/- V. CHITAMBARESH (Judge) Nan/ //true copy// P.S. to Judge W.P. (c) No. 24828 of 2011 -: 5 :- R. BASANT & V. CHITAMBARESH, JJ. ------------------------------------------------- W.P. (c) No. 24828 of 2011 ------------------------------------------------- Dated this the 15th day of November, 2011 ORDER The learned Government Pleader appears for R1 to R3. A counsel appears for R4 to R10. He prays for time to file objections. 2. Call on 22/11/2011. 3. There shall be an interim direction that if there be any grievance for the petitioner, he shall be at liberty to complain to R2 and R3 whereupon necessary action in accordance with law shall be taken by R2 and R3. R. BASANT (Judge) V. CHITAMBARESH (Judge) W.P. (c) No. 24828 of 2011 -: 6 :- Nan/