IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27186 of 2011(W) -------------------------- PETITIONER(S): --------------- T.S.SWAMINATHAN, S/O.LATE SUBRAMANIAN, THERAYANKODE HOUSE, EZHAKKAD P.O., MUNDUR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD-678001. 2. THE CIRCLE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD-678001. 3. SRI.K.RAMADAS, S/O.S.KANNAPPA MOOHTAN, VARADA, CHIMAYA NAGAR, MELAMURI, PALAKKAD-678001. BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27186/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE UNDERTAKING DATED 11/5/2009. EXT.P2: COPY OF THE RECEIPT DATED 5/11/2009 EXT.P3: COPY OF THE REQUEST DATED 7/10/2011. /TRUE COPY/ P.A.T O JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 27186 OF 2011 ------------------------ Dated this the 14th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The grievance voiced by the petitioner in this writ petition is that for recovery of certain amounts, which he owes to the 3rd respondent money lender, the 3rd respondent is taking law into his hands. The petitioner submitted Ext.P3 petition before the first respondent -Superintendent of Police under copy to the 2nd respondent - Circle Inspector of Police. He submits that respondents 1 and 2 have not so far taken any action. 2. As directed by us, Sri.M.K.Aboobacker learned senior Government Pleader has taken notice on behalf of respondents 1 and 2. We are of the view that in the nature of the limited relief which is being given to the petitioner hereunder, it is not necessary to issue notice to the 3rd respondent. 3. The 2nd respondent, before whom copy of Ext.P3 has been submitted by the petitioner, will treat that copy as a complaint submitted in original by the petitioner before him. The 2nd respondent will immediately conduct enquiry into Ext.P3. As WPC.No.27186/2011 2 part of the enquiry, the 3rd respondent will be summoned to the police station. The 2nd respondent will also ensure, on the basis of the facts revealed in the enquiry, that the 3rd respondent does not adopt force or unlawful means for recovering the amounts due to him from the petitioner. At any rate, it should be ensured by the 2nd respondent that the dispute between the petitioner and the 3rd respondent do not give rise to any law and order situation or violence. The writ petition is disposed of with the above directions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk