IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6427 of 2009(W)
1. K.R.KUNJUKRISHNA PILLAI, AGED 66 YRS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. THE SUPERINTENDENT OF POLICE,KOLLAM.
3. CIRCLE INSPECTOR OF POLICE, SASTHAM
4. THE SUB INSPECTOR OF POLICE,
5. S.SURESH, AGED 45 YEARS, ALINTE
For Petitioner :SRI.AJAYA KUMAR. G
For Respondent :SRI.P.V.DILEEP
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :22/05/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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W.P.(C) No. 6427 of 2009
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Dated this the 22nd day of May, 2009.
JUDGMENT
Raman, J,
Petitioner is a senior citizen. He is residing in the address
shown along with his wife and daughter. The allegation is that the fifth
respondent, his neighbour, is attempting to trespass into the sarpakavu
belonging to the petitioner’s family, and on such occasion petitioner
interfered, and that created enemity between the petitioner and the fifth
respondent. As a result of such enemity, it is alleged that the fifth
respondent came to the house of the petitioner and shouted at him and
abused them with obscene language and threatened to cause physical
harm. Further he also set fire on the logs kept in the property of the
petitioner. The fire spread in an alarming rate and engulfed the entire
area. Therefore, the petitioner had to run away and make police
complaint. Finding that such complaints did not yield any result, he
approached this court for police protection.
2. The fifth respondent entered appearance through
counsel. Counsel appearing for the fifth respondent denied all the
WPC. 6427/2009. 2
allegations aforesaid made by the petitioner. He being the Vice President of
the Panchayat and a public man has only enquired about the incident that
had happened in the property of the petitioner and did not make any assault
or abuse the petitioner nor has he done anything to set fire the logs kept in
the property of the petitioner.
3. It is not necessary for us in this writ petition to find out the
truth or genuineness of the allegations and counter allegations made by the
parties, since when a complaint is received by the police, it is for them to
investigate into the complaint, and if found true, to proceed further in
accordance with law. However, the fact that there was a fire incident cannot
be disputed. If so, necessarily, to keep peace and to maintain law and order,
protection has to be afforded. In that view, this court, by an interim order
made on 27.2.2009, directed the police to see that law and order is
maintained and the lives of the parties are not endangered. Pursuant to such
direction, no further incident is reported. In the above circumstances, the
order made by this court on 27.2.2009 is made absolute. No other orders are
called for.
WPC. 6427/2009. 3
The writ petition is closed.
P.R. Raman,
Judge
P. Bhavadasan,
Judge
sb.