IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 W.P.(C).No.28511 of 2008(T) ----------------------------------------------- PETITIONERS:- ---------------------- 1. GEORGE, S/O.VARKEY, AGED 61 YEARS, MANGALY HOUSE, VADAKKUMBHAGOM KARA, MANJAPRA VILLAGE, ALWAYE TALUK, ERNAKULAM DISTRICT. 2. RANJITH, S/O.GEORGE, AGED 21 YEARS, MANGALY HOUSE, VADAKKUMBHAGOM KARA, MANJAPRA VILLAGE, ALWAYE TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.R.ANIL SRI.SHAJI JOSEPH RESPONDENTS:- ------------------------ 1. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY. 2. THE SUPERINTENDENT OF POLICE, ALWAYE POLICE, SUPERINTENDENT OFFICE (RURAL). 3. DAVIS, S/O.KUNJUVAREEDH, AGED 50 YEARS, PALATTIL HOUSE, MANJAPRA P.O, ERNAKULAM DISTRICT. W.P.(C).NO.28511 OF 2008 - 2 - 4. POULOSE, S/O.KUNJUVAREEDH, AGED ABOUT 58 YEARS, PALATTIL HOUSE, MANJAPRA VADAKKUMBHAGOM KARA, MANJAPRA, ERNAKULAM DISTRICT. 5. JIJO, S/O.POULOSE, AGED 25 YEARS, PALATTIL HOUSE, MANJAPRA VADAKKUMBHAGOM KARA, MANJAPRA, ERNAKULAM DISTRICT. 6. VARGHESE, S/O.KUNJUVAREEDH, PALATTIL HOUSE, MANJAPRA VADAKKUMBHAGOM KARA, MANJAPRA, ERNAKULAM DISTRICT. 7. MANJAPRA PANCHAYATH, MANJAPRA PANCHAYATH OFFICE, REP. BY ITS SECRETARY. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL. R3 TO R6 BY ADV. SRI.P.SHAIJAN JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.28511 OF 2008-T. APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------ EXT.P1 - TRUE COPY OF THE INJUNCTION ORDER ISSUED BY THE MUNSIFF'S COURT, ALUVA. EXT.P2 - TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE LITTLE FLOWER HOSPITAL, ANGAMALY. EXT.P2(a) - TRUE COPY OF THE MEDICAL CERTIFICAGTE ISSUED BY THE LITTLE FLOWER HOSPITAL, ANGAMALY. EXT.P3 - TRUE COPY OF FIR AGAINST THE RESPONDENTS 3-6. EXT.P4 - TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST AND 2ND RESPONDENTS. EXT.P5 - TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P6 - TRUE COPY OF COMPLAINT FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 AND 2. RESPONDENT'S EXHIBITS:- --------------------------------------- EXT.R3(a) - TRUE COPY OF F.I.R.611/08 DATED 9.7.08 OF KALADY POLICE STATION. EXT.R3(b) - PHOTOGRAPH OF THE 4TH RESPONDENT'S SHOP AFTER THE FIRE ON 15.8.2008. EXT.R3(c) - TRUE COPY OF THE F.I.R.743/08 DATED 18.08.08 OF KALADY POLICE STATION. EXT.R3(d) - TRUE COPY OF THE FIR 750/08 DATED 21.8.08 OF KALADY POLICE STATION. EXT.R3(e) - TRUE COPY OF COMPLAINT DT.29.8.08 SUBMITTED BY 4TH RESPONDENT BEFORE S.P.(RURAL), ALUVA. EXT.R3(f) - TRUE COPY OF THE ORDER OF HON'BLE JFCM COURT, PERUMBAVOOR IN CRL.M.P.NO.3737/08 DATED 17.9.08. - TRUE COPY - H.L.Dattu,C.J. & A.K.Basheer, J. ------------------------------------------- W.P.(C).No.28511 of 2008-T -------------------------------------------- Dated, this the 7th October, 2008 JUDGMENT Basheer,J. Petitioners pray for a direction to respondents 1 and 2 to give adequate police protection to their lives. It is averred in the petition that respondents 3 to 6 have been demanding the petitioners to allow respondent No.4 to “install a shop in the property of the petitioners”, having an extent of 12.25 cents of land purchased by them in the year 2007 by virtue of document No.7373/2007 of S.R.O.Angamaly. (2) In the counter affidavit filed by respondents 3 to 6, it is averred that last year, the first petitioner, who is a Real Estate businessman, had purchased some landed properties adjacent to the shop of the 4th respondent. After the said purchase, petitioners asked the 4th respondent to remove his shop from that area to attract prospective buyers for their property. Since respondent No.4 had refused to abide by the said demand, petitioners had been threatening respondent No.4 that if he does not remove his shop from that area, they will set fire to the shop. In fact, his shop was set ablaze on July 8, 2008. But it was renovated immediately. A crime was registered by Kalady Police in this connection against the petitioners as Crime No.611/08. The shop was again set ablaze on August 15, 2008. Several other allegations have also been made against the petitioners to which we do not propose to refer at this stage. WP(C).28511/2008-T - 2 - (3) We have carefully perused the averments in the writ petition and the counter affidavit and also the other relevant materials, including the photograph of the gutted shop produced by the respondents along with the counter affidavit. Having perused the materials on record, we do not find any reason to entertain this writ petition. In our view, this writ petition is totally misconceived and no relief can be granted to the petitioners in exercise of the discretionary powers of this Court under Article 226 of the Constitution. The writ petition is dismissed. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-