IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 16318 of 2010(L) -------------------------- PETITIONER: --------------- MURALEEDHARAN NAIR, 'ARUNODAYAM' PAVUKKARA, KURITTISSERY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, MANNAR ALAPPUZHA DISTRICT. 3. BALAKRISHNAN PILLAI, MURALI VILASOM, MANNAR P.O., KURITTISSERY VILLAGE, ALAPPUSHA DISTRICT G.P. SHRI C M KAMMAPPU FOR R1 & 2 SHRI R RAJASIMHAN } SHRI ACHANKUNJU } R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16318 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF JUDGMENT DT.28.11.2009 IN O.S. 302/07 OF THE MUNSIFF'S COURT, CHENGANNUR. EXT.P2 : TRUE COPY OF ORDER DT.30.3.2010 PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P3 : TRUE COPY OF DEATH CERTIFICATE OF THE FATHER OF PETITIONER ISSUED BY MANNAR GRAMA PANCHAYAT EXT.P4 ; TRUE COPY OF REPRESENTATION DT.17.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 16318 of 2010 L - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking a direction to the second respondent to give adequate protection to the life of the petitioner from the illegal threat of the third respondent. 2. Briefly the case of the petitioner is as follows. The third respondent is the brother of the petitioner. The petitioner obtained Ext.P1 judgment against the third respondent. The father of the petitioner is no more. His father had executed a settlement deed in favour of the petitioner and he is in absolute possession of 9.5 ares of the property. The third respondent objected to the same. 3. The learned counsel for the third respondent points out that essentially this is a civil dispute. Ext.P1 has not become W.P.(C).No. 16318 of 2010 2 final as an appeal is pending against the same before the Sub Court. He further points out that in Ext.P1 the counter claim filed by the third respondent and his late father has been allowed. At any rate, Ext.P1 judgment in so far as it is against the third respondent has not become final as an appeal is pending. We notice that Ext.P1 is dated 28.11.2009. 4. The learned counsel for the third respondent would submit that there is no threat against the life of the petitioner. We record the said submission and relegate the petitioner to pursue his remedies before the competent civil court. We further direct that in case there is complaint of commission of any cognizable offence by the third respondent, effective action shall be taken by the second respondent in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm