IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 8025 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ KUTTISANKARA GUPTAN, S/O.APPU GUPTAN, AGED 65 YEARS, VALAPPILTHODY, KATAMPAZHIPURAM, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OT THE SUPERINTENDENT OF POLICE, PALAKKAD. 3. SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, SREEKRISHNAPURAM, PALAKKAD DISTRICT. 4. P.J.JOSEPH, S/O.JOSEPH, STAFF IN HDFC BANK, AZHIYANNOOR POST, KADAMPAZHIPURAM, PALAKKAD-678 633. R1 TO R3 BY GOVERNMENT PLEADER SMT. CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8025/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DTD. 10/03/2011 FILED BY THE PETITIONER BEFORE RESPONDENT NO.2. P2: COPY OF THE ORDER DTD. 8/06/2009 IN WP(C) NO.15693/2009 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.8025 of 2011-C ***************************** Dated this the 18th day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court claiming issue of directions under Article 226 of the Constitution of India to respondents 2 and 3 to oblige them to afford police protection to the petitioner against the contumacious, culpable and violent acts apprehended by the petitioner from the 4th respondent. 2. According to the petitioner, he is a money lender by profession. He has certain disputes with the 4th respondent. Proceedings are pending between them. Because of such, animosity, the 4th respondent makes use of the local temple festival celebration to attack the petitioner's office. His office is situated near the venue where the temple festival is celebrated. During earlier year, the police were requested to grant protection. There were such untoward incidents. It is, in these circumstances, that the petitioner has come to this Court claiming police protection for this year also. W.P(C) No.8025 of 2011-C 2 3. Respondent No.4 has entered appearance. According to the 4th respondent, this petition is without any bona fides. He has no intention to attack the petitioner. The disputes between them shall be resolved in accordance with law. At any rate, the 4th respondent undertakes that he shall not indulge in any culpable, contumacious or violent acts against the petitioner as apprehended by the petitioner. 4. The learned Government Pleader after taking instructions from respondents 2 and 3 submits that during the previous years also when the petitioner made such grievances, protection was afforded to him. This year also if there is any threat against the person, life or property of the petitioner, necessary police protection shall be afforded by the 1st respondent. The petitioner specifically apprehends violence on 19.03.2011 between 12 noon and 11 p.m. In the circumstances of the case, we deem it only appropriate to issue necessary direction to respondents 2 and 3. 5. In the result: a) This Writ Petition is allowed; b) Respondents 2 and 3 are directed to afford police protection to the life and property of the petitioner against any W.P(C) No.8025 of 2011-C 3 illegal and violent acts of respondent No.4. Such protection shall be afforded during the period 12 noon to 11 p.m on 19.03.2011 and thereafter as and when requested by the petitioner. Hand over copies of this judgment to the learned counsel for the petitioner and the learned Government Pleader. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/