IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 27101 of 2010(K) -------------------------- PETITIONER(S): --------------- HOTEL RAJ RESIDENCY, TOTANA INNS PRIVATE LIMITED, KALLUVATHUKAL, KOLLAM - 691578, REPRESNTED BY ITS GENERAL MANAGER MR.VINOD VENUNADHAN. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE,KOLLAM 2. THE CIRCLE INSEPCTOR OF POLICE, PARAVUR, KOLLAM DIST. 3. THE SUB INSEPCTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT. 4. THILAKAN, S/O.MAHALINGOM,VALIYAPARAYIL, PARA JUNCTION, KALLUVATHUKAL, KOLLAM DIST.-691578. 5. RAJAPPAN,S/O.MAHALINGOM, VALIYAPARAYIL, PARA JUNCTION, KALLUVATHUKAL, KOLLAM DIST. 6. JOSE @ YUKALI JOSE, S/O.GEROGE, MADIYOTH MALAYIL VEEDU, KOCHUPARA, KALLUVATHUKAL, KOLLAM DIST. 7. PRADEEP, S/O. BABY KOCHUPARA, KALLUVATHUKAL, KOLLAM DIST.691578. 8. THULASI @ ANNACHI, S/O. BHARGAVAN PRAMILA BHAVAN, VALIYAPARA. KALLUVATHUKAL, KOLLAM DIST. 9. JOSE @ DRIVERJOSE S/O. PAPPACHAN, KOCHUPARA, KALLUVATHUKAL, KOLLAM DIST. 10. SHAJI, S/O.PAPPACHAN, VALIYAPARA, KALLUVATHUKAL, KOLLAM DIST. 11. PRASANTH, S/O. KALA, 28 COLONY VALIYAPARA, KALLUVATHUKAL, KOLLAM DIST 691578. ADV. SRI.S.SANTHOSH KUMAR (BALARAMAPURAM) FOR R1 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.27101 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: PHOTOSTAT COPY OF THE COMPLAINT DATED18/7/2010 FILED BEFORE THE 3RD RESPONDENT. EXT.P2: PHOTOSTAT COPY OF THE FIR IN CRIME NO.928 OF 2010 OF PARIPPALLY POLICE STATION. EXT.P3: PHOTOSTAT COPY OF THE F.I.R IN CRIME NO.933 OF 2010 OF PARIPPALLY POLICE STATION. EXT.P4: PHOTOSTAT COPY OF THE COMPLAINT detenu.28/8/2010 FILED BEFORE THE MAGISTRATE COURT, PARAVOOR. EXT.P5: PHOTO OF THE POSTER PASTED ON THE GATE OF THE HOTEL. EXT.P6: PHOTOSTAT COPY OF THE COMPLAINT detenu.27/8/2010 FILED BEFORE THE 3RD RESPONDNET. EXT.P7: PHOTOSTAT COPY OF THE COMPLAINT detenu.28/8/2010 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P8: PHOTOSTAT COPY OF THE COMPLAINT detenu.28/8/2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. EXT.P10: PHOTOSTAT COPY OF THE COMPLAINT DATED 28/8/2010 SENT BY THE PETITIONER BEFORE THE 1ST RESPONDENT. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.27101 of 2010 ---------------------------------------- Dated this the 12th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to render adequate and sufficient police protection to the smooth and peaceful running of the petitioner hotel, against the threat, harassment of the respondents 4 to 11 and their henchmen. ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to render adequate and sufficient police protection to the life of the employees and other managing persons of the petitioner. iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to consider and take action on Exts.P10, P8 and P7 respectively, within a time limit to be prescribed by this Hon'ble Court. W.P.C.No.27101 of 2010 2 2. We have already passed an interim order. We have heard the learned counsel for the petitioner and the learned counsel for respondents 4 to 11. The learned counsel for respondents 4 to 11 would submit that a counter affidavit may be permitted to be filed. But he would submit that respondents 4 to 11 have no intention to obstruct the functioning of the hotel run by the petitioner. 3. We record the submission and direct that in case there is any obstruction by respondents 4 to 11 and it being brought to the notice of respondents 1 to 3, such official respondents before whom the matter is brought, shall look into the matter and provide protection if the threat is found to be genuine as against respondents 4 to 11. We make it clear that we have not pronounced on the correctness of the allegations made in the writ petition. If the respondents have any complaints we will make it clear that it would be open to the respondents to approach the competent court/forum against the petitioner and in such circumstances, the judgment will not stand in the way of W.P.C.No.27101 of 2010 3 such court/forum to consider the same untrammeled by anything contained in this judgment. 4. This writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.27101 of 2010 4 W.P.C.No.27101 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010