IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 21222 of 2011(C) -------------------------------- PETITIONER(S): ----------------- 1. A.M.CHEKKU, S/O.MOHAMMED, AMBALATHUVEETTIL, EDAMUTTAM, THRISSUR. 2. KOCHUMOL, W/O.CHEKKU, AMBALATHUVEETTIL, EDAMUTTAM, THRISSUR. 3. SHEEBA, W/O.ANSAR, AMBALATHUVEETTIL, EDAMUTTAM, THRISSUR. 4. ANSAR, S/O.M.K.ABDULLAKUTTY, AMBALATHUVEETTIL, EDAMUTTAM, THRISSUR. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 01 2. THE SUPERINTENDENT OF POLICE, THRISSUR DIST. THRISSUR - 680001. 3. THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR DISTRICT - 680567. WP(C).No. 21222 of 2011(C) -2- 4. JOSE, S/O.VARGHESE, KALLINGAL HOUSE, KURIACHIRA, THRISSUR - 680006. 5. RAPHY, S/O.IBRAHIM, PUTHIYAVEETTIL, KIZHUPPULLIKKARA, THRISSUR DISTRICT - 680006. ADV. SRI.S.RAJEEV FOR R4&5 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21222 of 2011(C) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE COMPLAINT DATED 19/07/11 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2:- TRUE COPY OF THE AGREMENT DATED JUNE 2010 ENTERED INTO BETWEEN MOHAMMED HAJI FATHER OF ABU TAHIR AND THE FOURTH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21222 of 2011 ------------------------------------------------ Dated this the 28th day of September, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed seeking police protection against the alleged threat and intimidation caused by respondents 4 and 5 to the petitioners. From the averments in the Writ Petition as well as from the averments in the counter affidavit of respondents 4 and 5 it is evident that, there exist a dispute between the parties with respect to some monetary transactions. According to the petitioner, the respondents 4 and 5 are creating threat and intimidation to their lives demanding payment of money which they do not owe. It is stated that, with respect to the threat caused to the lives of the petitioners, Ext.P1 complaint was submitted before the 3rd respondent. Since no action was taken, this Writ Petition is filed. 2. Sri.S.Rajeev, learned counsel appearing for W. P. C. No.21222 of 2011 -2- respondents 4 and 5 conceded that they have no intention to cause any threat, physical obstruction or intimidation to the lives of the petitioners. On the other hand it is contended that, this Writ Petition is filed only as a shield to resist the legal claims of respondents 4 and 5 for return of money due to them from the petitioners. 3. Learned Government Pleader, on the basis of instructions received submitted that, the dispute between the parties relates to monetary transactions and the 3rd respondent had advised the parties to seek appropriate remedy from competent forums. It is further stated that the enquiry conducted does not reveal that any threat or intimidation has been caused to the lives of the petitioners from the side of respondents 4 and 5. 4. Considering the facts and circumstances and the rival contentions raised at the Bar, we are of the opinion that the parties are at liberty to seek appropriate relief with respect to the dispute pertaining to the monetary transactions by approaching the competent courts and other W. P. C. No.21222 of 2011 -3- forums. We record the submissions made on behalf of respondents 4 and 5 that they have no intention to cause any physical obstruction, threat, restrainment or intimidation to the lives of the petitioners. Therefore, we dispose of the Writ Petition directing the 3rd respondent to keep vigil over the situation and to take effective steps if any intimidation is received regarding threat to the lives of the petitioners to afford adequate protection. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-