IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 30590 of 2008(N) ------------------------------------- PETITIONER(S): ---------------------- SANTHOSH THANKACHAN, PALATHADATIL HOUSE SASTHRI JUNCTION, KOLLAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ------------------------ 1. DEPUTY SUPERINTENDENT OF POLICE KOLLAM. 2. SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 3. JAYAKRISHNAN, LAWSON TRAVELS AND TOURS INDIA PVT.LTD., K.K.BUILDING, FIRST FLOOR ARISTO JUNCTION, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1, R2 ADV. SRI.BIJU BALAKRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 30590/2008-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FORWARDIANG LETTER DATED 11/06/2008. EXT.P2: COPY OF THE COMPLAINT DATED 07/10/2008, SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE COMPLAINT DATED 30/09/08, SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE RELEVANT EXTRACT OF THE AUDITED STATEMENT OF ACCOUNTS. EXT.P5: COPY OF THE LETTER DATED 03/04/2008. EXT.P6: COPY OF THE CHEQUE BEARING NO.452132 DATED 04/04/2008. EXT.P7: COPY OF THE STATEMENT OF ACCOUNT IN RESPECT OF PETITIONER'S BANK ACCOUNT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE COMPLAINT FILED BEFORE THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR. EXT.R3(b): COPY OF THE C.M.P.NO.6101 OF 2008 FILED BEFORE THE JFMC-III, THIRUVANANTHAPURAM. //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 30590 OF 2008 ============================ DATED THIS THE 5th DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is running a travel agency. He used to purchase air tickets from the third respondent. He submits, the amounts due to the third respondent was paid and the accounts between them were settled in April 2008 itself. But, thereafter the third respondent along with some muscle men came to his office demanding Rs.1,30,000/- more. According to the said respondent, the said amount is also due from the petitioner. The incident took place on 30-9-2008. The third respondent threatened the petitioner that if he does not pay the amount within 10 days, he will be killed. The petitioner filed representations before the Deputy Superintendent of Police and the Sub Inspector of Police about the said incident on 7- 10-2008. Alleging that the police did not take any effective action, this writ petition is fled seeking a direction to the police to grant necessary protection to the lives of the petitioner and his employees. 2. The learned Government Pleader, upon instructions submitted WPC.30590/2008 -2- that the police have not received any petition either from the petitioner or from the third respondent. On enquiry, it was found that there was some business transactions between them and the petitioner has settled the accounts with the third respondent. But the third respondent claims additional amounts. This is a civil dispute. 3. The third respondent has filed a counter affidavit denying the allegations of the petitioner. An amount of Rs.1,30,000/- towards the air tickets purchased by the petitioner is remaining unpaid. To wriggle out of that liability, this writ petition is filed, it is submitted. Pointing out the above facts, the third respondent has filed a petition before the Circle Inspector of Police,Thampanoor, which is produced as Ext.R3 (a) and he has also moved the Judicial First Class Magistrate Court- III, Thiruvananthapuram by filing Ext.R3(b) complaint alleging the offence of cheating against the petitioner. The third respondent denies the allegations of threat, violence etc. from his part, raised by the petitioner. He submits, he has no intention whatsoever to physically harm or attack the petitioner or his employees. He proposes to take recourse to the forums provided under law to recover the amount due. 4. The petitioner has filed a reply affidavit dealing with the averments in the counter affidavit. WPC.30590/2008 -3- We record the submission of the third respondent that he has no intention to physically harm or attack the petitioner or his employees and he will take to recourse the remedies available under law to recover the amount due to him from the writ petitioner. Recoding the above submissions, this writ petition is disposed of. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.