IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 8065 of 2008(I) ------------------------- PETITIONER: ------------ B.RAJEEV, S/O.BALAKRISHNA PILLAI, AGED 30 YEARS, PUNUTHURA LAKSHMI VILASOM HOUSE, ANAPRAMBAL NORTH, THALAVADY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, MANNAR. 2. SUB INSPECTOR OF POLICE, EDATHUA, ALAPPUZHA. 3. B.RAJESH, MULAMOOTTIL KARIMBIL HOUSE, NEERETUPURAM, THALAVADY. BY ADV. SRI.KRB.KAIMAL (SR.) FOR R3 SRI.B.UNNIKRISHNA KAIMAL FOR R3 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8065/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 20.3.2006. EXT.P2 - COPY OF THE S.S.I. REGISTRATION STANDING IN THE NAME OF THE PETITIONER DATED 20.6.2007. EXT.P3 - TRUE COPY OF THE LICENCE ISSUED BY THE THALAVADY GRAMA PANCHAYAT FOR THE YEAR 2006-07 DATED 25.10.2006. EXT.P4 - COPY OF THE TELEPHONE BILL IN THE NAME OF THE PETITIONER DATED 7.3.2003. EXT.P5 - TRUE COPY OF THE AGREEMENT. EXT.P6 - COPY OF THE PLAINT IN O.S.NO.443/2007 BEFORE THE MUNSIFF'S COURT, ALAPPUZHA DATED NIL. EXT.P7 - COPY OF THE INTERLOCUTORY APPLICATION, IA NO.1978/2007 IN O.S.NO.443/2007 OF THE MUNSIFF'S COURT, ALAPPUZHA DATED 30.5.2007. EXT.P8 - TRUE COPY OF THE ORDER OF THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA IN IA 1978/07 IN OS 443/07. EXT.P9 - TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER. EXT.P10 - TRUE COPIES OF THE POSTAL RECEIPTS. RESPONDENTS' EXTS. EXT.R-3(a) – TRUE COPY OF LICENCE AGREEMENT DATED 1.6.01 EXECUTED BY ASIANET & 3RD RESPONDENT. EXT.R3(b) – TRUE COPY OF THE COMPLAINT DATED 1.8.2007 SUBMITTED BY ASIANET BEFORE THE C.I. OF POLICE, EDATHUA. EXT.R3(c) – TRUE COPY OF THE LICENCE DATED 8.5.2007 ISSUED BY THALAVADY GRAMA PANCHAYAT TO THE 3RD RESPONDENT. EXT.R3(d) – TRUE COPY OF THE REGISTRATION CERTIFICATE NO.137 DATED 19.5.2007 ISSUED BY HEAD POST OFFICE, THIRUVALLA TO THE 3RD RESPONDENT. EXT.R3(e) – TRUE COPY OF THE RECEIPT DATED 25.9.2007 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(f) – TRUE COPY OF THE RECEIPT DATED 25.9.2007 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(g) – TRUE COPY OF THE RECEIPT DATED 25.9.2007 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(h) – TRUE COPY OF THE RECEIPT DATED 21.11.2007 ISSUED BY ASIANET TO THE 3RD RESPSONDENT. WPC 8065/2008 EXT.R3(i) – TRUE COPY OF THE RECEIPT DATED 24.12.2007 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(j) – TRUE COPY OF THE RECEIPT DATED 28.12.2007 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(k) – TRUE COPY OF THE RECEIPT DATED 25.1.2008 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(l) - TRUE COPY OF THE RECEIPT DATED 25.1.2008 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(m) – TRUE COPY OF THE RECEIPT DATED 28.2.2008 ISSUED BY ASIANET TO THE 3RD RESPONDENT. EXT.R3(n) – TRUE COPY OF THE CMA NO.2/08 FILED BY THE 3RD RESPONDENT BEFOR THE DISTRICT COURT, ALAPPUZHA. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 8065 OF 2008-I ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following relief: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to afford effective and adequate police protection for collection of monthly subscription from the area assigned to the petitioner as per Exhibit P5 agreement.” 2. Ext.P5 is an agreement entered into between the petitioner and his brother, who is the 3rd respondent herein, concerning collection of charges for providing Cable T.V. Service. The allegation of the petitioner is that when he attempts to collect the monthly subscription from the subscribers in the area assigned to him under Ext.P5, the 3rd respondent is causing obstruction. Therefore, he moved the police. But, they are not extending the necessary help. The petitioner submits, his claim is supported by the interim order of the civil court, Ext.P8 also. WPC 8065/2008 2 3. The dispute between the petitioner and his brother concerning the enjoyment of rights flowing from Ext.P5, is a civil dispute, in which the police cannot be assigned any role to play. Therefore, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. But, this judgment will not affect the powers of the police to register and investigate any cognizable offence, if the same is reported. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/