IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17461 of 2008(D) -------------------------- PETITIONER: A.M.VARGHESE, AGED 56, S/O MANI, 14/494/10, AJ RESIDENCY, VIKAS BHAVAN P.O. NANDAVANAM ROAD, THIRUVANANTHAPURAM, PIN 695 033. BY ADV. SRI.S.RAJKUMAR RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LEGAL AFFAIRS, MINISTRY OF LAW AND JUSTICE, SHASTRI BHAVAN, NEW DELHI. 2. THE DIRECTOR, CENTRAL BEUREAU OF INVESTIGATION, NEW DELHI. 3. THE DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, NEW DELHI, 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 5. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 6. SANTHOSH MADHAVAN, AGED 35, S/O MADHAVAN "SANTHITHEERAM", S.R.M. ROAD, ERNAKULAM. 7. P. PARAMESWARAN NAIR, ADVOCATE AND ASSISTANT SOLICITOR GENERAL OF INDIA, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 SRI.GOVIND K.BHARATHAN (SR.) FOR ADDL.R7 SRI.S.K.MADHU FOR ADDL.R7 GOVT PLEADER MR.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.17461 of 2008-D -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner has approached this court, seeking the following reliefs : “i. to issue a writ of mandamus or direction directing the respondents 4 and 5 to afford necessary police protection to the life and property of the petitioner, his family members and his office staff and to afford necessary protection to the petitioner's office. ii. issue a writ of mandamus directing the 2nd and 3rd respondents to conduct the investigation against the 6th respondent regarding his assets, money, transaction, collection of foreign funds, connection with the Havala Racket and his other activities.” The first prayer in this Writ Petition is sought in the background of the alleged threat of the 6th respondent to the petitioner. But, the 6th respondent is in jail now as an accused in a few crimes under investigation. Therefore, there is no question of any threat from his part, at present. The petitioner sought police protection by filing Ext.P1 representation on 13.05.2008 and based on that representation, this Writ Petition is filed on 10.06.2008. Having regard to the facts of the case, we are of the view that the alleged threat to the petitioner's life or that of his family members is only imaginary, now. Therefore, the first prayer cannot be granted. WPC 17461/08 2 2. As per the roster, the second prayer does not come under our jurisdiction. For that, the petitioner has to move the learned Single Judge concerned, by filing a separate Writ Petition. 3. Though the Writ Petition was not admitted, the learned Senior Counsel Shri.Govind.K.Bharathan appeared for the 7th respondent and voiced a complaint that the said respondent has been unnecessarily impleaded to defame him and no relief is sought against the said respondent. It is also pointed out that the filing of the Writ Petition with the said respondent on the party array has been given wide publicity through the print and electronic media and so, the said respondent has been seriously prejudiced. We do not express any opinion on this aspect. If the 7th respondent has suffered any grievance, he will be free to work out his remedies before the appropriate forum. Without prejudice to the contentions of the petitioner regarding the second prayer, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE 16.06.2008 M.C.HARI RANI, JUDGE WPC 17461/08 3 sta WPC 17461/08 4