IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 34982 of 2010(W) ------------------------------------------------- PETITIONER(S): --------------------- THAPOVAN HERITAGE HOME PVT.LTD,A PRIVATE LTD,COMPANY,NELLIKUNNU,MULLOR POST, THIRUVANANTHAPURAM-695521,REP;BY THE M.D.ANDREAS HEITMANN,S/O.RICHARD HEITMANN,AGED 52 YRS,RESIDING AT THAPOVAN,NELLIKUNNU,MULLOOR POST, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): ----------------------- 1. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION,THIRUVANANTHAPURAM, PIN-695521. 2. THE SUB INSPECTOR OF POLICE, VIZHIJAM POLICE STATION-695521. 3. RAJESH @ KUTTAN,S/O.BALAN NAIR, AGE ABOUT 30,RAJESH BHAVAN,CHOWARA POST,(VIA), BALARAMAPURAM,THIRUVANANTHAPURAM-695501. 4. ANILKUMAR,S/O.SASI SEKHAR,AGED ABOUT 35, LALEE BHAVAN,PUNNAKULAM,KOTTUKAL POST, THIRUVANANTHAPURAM-695574. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.P.B.SURESH KUMAR FOR R3 SRI.K.N.SASIDHARAN NAIR FOR R3 SRI.K.M.FIROZ FOR R4 SMT.M.SHAJNA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.34982 OF 2010 W PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION FOR POLICE PROTECTION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE PLAINT DATED 28.10.2010 BEFORE THE SUB COURT, THIRUVANANTHAPURAM. EXT.R4(B) TRUE COPY OF THE LAWYER NOTICE DATED 6.10.2010 ISSUED BY THE D.R. RAJESH, ADVOCATE ON BEHALF OF ME TO SMT. NAMITHA. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 34982 OF 2010 W ------------------------------------------ Dated this the 3rd December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: "Pass a writ of mandamus commanding the 1st respondent to afford adequate and sufficient police protection to the life and property of the petitioner." 2. Briefly put, the case of the petitioner is as follows: Petitioner claims to be the Managing Director of a Company. It is stated that the former Managing Director misappropriated the funds of the Company and he was removed from the post. He incurred huge debts in his personal capacity and as security for the debts, he gave undated cheques from the account of the Company without the knowledge or authority. Thereafter, he absconded and WP(C).NO.34982/2010 W 2 committed suicide. Now, respondents 3 and 4 who are local money lenders are taking the petitioner and his co-director to task and they threaten to block the business of the petitioner and also threaten his life. 3. We heard the learned counsel for the petitioner, learned counsel for the third respondent and also the learned counsel appearing for the fourth respondent, besides the learned Government Pleader. 4. Learned counsel for respondents 3 and 4 would submit that the cheques have been issued by the erstwhile Managing Director on behalf of the Company and sums are due to them. They would make it clear that they have no intention to cause threat to the life of the Managing Director and that they have no intention to obstruct the carrying out of the business of the petitioner in accordance with law. It is also submitted that respondents 3 and 4 are only taking legal steps for recovery of the amounts due. Besides recording the said submissions of WP(C).NO.34982/2010 W 3 respondents 3 and 4, we direct that if the Managing Director of petitioner complains to the second respondent of any threat to his life from respondents 3 and 4, the second respondent will look into it and if the complaint is found to be genuine, he will provide protection to the life of the Managing Director of the petitioner Company as against respondents 3 and 4 as and when required. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge WP(C).NO.34982/2010 W 4