IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 36452 of 2009(B) ---------------------------------- PETITIONER(S): ------------------- JOHN AGED 45, S/O. GEEVARGHESE, PUTHENPARAMPILYA KIZHAKKEPARAMBIL, MANNAMTHOTTA VAZHI, PADINJATTUM MURI, KIZHAKKUMBHAGOM VILLAGE BY ADV. SRI.P.HARIDAS RESPONDENT(S): -------------------- 1. THE SUPERINTEDNENT OF POLICE, PATHANAMTHITTA. 2. THE DEPUTY SUPERINTENDENT OF POLICE,THIRUVALLA. 3. THE CIRCLE INSPECTOR OF POLICE,THIRUVALLA. 4. THE SUB INSPECTOR OF POLICE, PULIKKEZH. 5. MARIAMMA, W/O. CHACKO, PUTHENPARAMPILYA KIZHAKKEPARAMBIL MANNAMTHOTTA VAZHI, PADINJATTUM MURI, KIZHAKKUMBHAGOM VILLAGE. 6. SURAJ P. JACOB, S/O. CHACKO, PUTHENPARAMPILYA KIZHAKKEPARAMBIL, MANNAMTHOTTA VAZHI, PADINJATTUM MURI, KIZHAKKUMBHAGOM VILLAGE. R1 TO R4 BY GOVT.PLEADER SMT.CHARISMA R6 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 36452/2009(B) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DATED 14/12/2009 SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 TO 4. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 36452 OF 2009 ----------------------------------------------------------- Dated this the 1st March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 4/police officials to afford police protection to the petitioner against illegal contumacious and violent acts of respondents 5 and 6. According to the petitioner the families of the petitioner and respondents 5 to 6 are related. They belong to the same neighbourhood also. There are disputes and differences between them. The petitioner apprehends that respondents 5 and 6 may pose threat to the life and person of the petitioner. It is in these circumstances that police protection is prayed for. 2. Respondents 5 and 6 have entered appearance through counsel. The learned counsel for respondents 5 and 6 submits that respondents 5 and 6 have no intention whatsoever to pose any threat to the life or person of the petitioner. There is absolutely no necessity to issue any directions under Art.226 of WPC 36452/2009 2 the Constitution. The undertaking/submission of respondents 5 and 6 may be recorded and this petition may be closed, submits the learned counsel for respondents 5 and 6. 3. The learned Govt. Pleader after taking instructions submits that in the perception of respondents 1 to 4 there is no threat to the life or person of the petitioner. In fact an interim direction was issued on 23-12-2009 to afford protection to the life of the petitioner but as a matter of fact no threat is faced to the life and person of the petitioner. If there be any such threat the police shall afford necessary protection to the petitioner. There is no necessity to issue any specific directions under Art.226 submits the learned Govt. Pleader. 4. We have considered all the relevant inputs. We are satisfied that the submissions/undertaking of respondents 5 and 6 that they shall not pose any threat to the life or person of the petitioner as also the submission/undertaking of the learned Govt. Pleader on behalf of respondents 1 to 4 that if there is no such threat to the life or person of the petitioner sufficient police protection shall be afforded can be accepted and these proceedings can be closed. We do not perceive the need to issue WPC 36452/2009 3 any specific directions under Art.226 in the facts and circumstances of the case. 5. In the result this petition is dismissed accepting the submissions of the counsel for respondents 5 and 6 as also the submissions of the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 36452/2009 4