IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 25518 of 2010(L) ---------------------------------------- PETITIONER(S): -------------------------- 1. KUNJIMOIDU, S/O. PAREED HAJI, CHENGANAKKATTIL HOUSE, PERUMANNA AMSOM DESOM, KLARI POST, TIRUR TALUK, MALAPPURAM DISTRICT. 2. MOIDEEN KUTTY, S/O. KUNHAHAMMED, PANGINIKKADAN HOUSE, PERUMANNA AMSOM DESOM, KUTTIPPALA POST, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BYTHE SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT.MALAPPURAM P.O.PIN-676 501. 3. THE CIRCLE INSPECTOR OF POLICE, TIRURANGADI MALAPPURAM DISTRICT. TIRUR.P.O., PIN-680 581. 4. THE SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT. TIRUR P.O., PIN-680 581. 5. KAPRATT KRISHNAKUMAR, VENNIYOOR POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT. PIN-676 505. R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R5 BY ADV. SRI.C.E.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25518/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DOCUMENT EXECUTED BY THE JAMUNA KRISHNAKUMAR IN FAVOUR OF THE 1ST PETITIONER, DOCUMENT NO.4883 OF 2007 DTD. 06/12/2007. P2: COPY OF THE DOCUMENT EXECUTED BY HAMZA, S/O.PALEKKODAN KUNHIMOIDEENKUTTY IN FAVOUR OF THE 1ST PETITIONER, DOCUMENT NO.4757 OF 2007 DTD. 28/11/2007. P3: COPY OF THE DOCUMENT EXECUTED BY THE JAMUNA KRISHNAKUMAR IN FAVOUR OF THE 2ND PETITIONER, DOCUMENT NO.5065 OF2007, DTD. 18/12/2007. P4: COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DTD. 10/08/2010. P5: COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT DTD. 10/08/2010. P6: COPY OF THE REPRESENTATION FILED BEFORE THE 4TH RESPONDENT DTD. 10/08/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.25518 OF 2010 ------------------------------------------- Dated this the 28th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Service is complete in this case even before 18.8.2010. It is thereafter that the interim order dated 20.8.2010 was issued. We take it that the respondents do not have any objection to the reliefs sought for in the writ petition being granted. However, we find that the claim made by the petitioners relate also to property rights. That is not to be agitated in writ jurisdiction. Hence, we make the interim order dated 20.8.2010 absolute, directing respondents 3 and 4 to give sufficient police protection to the lives of the petitioners as against the 5th respondent, however, that this direction should not be interpreted as an order granting protection for enjoyment of the property by them. We further clarify that if the competent civil courts issue appropriate orders, the police will ensure that those orders are WPC.25518/10 2 appropriately enforced in terms of the directions of the civil courts, however, ensuring that the police does not get involved in settling the private disputes. We further clarify that this judgment does not stand in the way of the police acting on any complaint against the private respondents or against the petitioners in accordance with law in relation to any such complaint. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.29/09.