IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31715 of 2010(L) -------------------------- PETITIONER(S): --------------- M.S.MANI, KALAKAUMUDI GARDENS, KALA KAUMUDI ROAD, KUMARAPURAM, TRIVANDRUM-695 011. BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THYCAUD, THIRUVANANTHAPURAM-695 014. 2. THE ASSISTANT COMMISSIONER OF POLICE, SHANGHUMMUGHAM, TRIVANDRUM-695 024. 3. THE CIRCLE INSPECTOR OF POLICE, PETTA POLICE STATION, TRIVANDRUM-695 024. 4. THE SUB INSEPCTOR OF POLICE, PETTA POLICE STATION, TRIVANDRUM-695 024. 5. M.S.RAVI, PLAMOOD HOUSE, PETTA, TRIVANDRUM-695 024. 6. DEEPU RAVI, PLAMOOD HOUSE, PETTA, TRIVANDRUM-695 024. 7. DARSHAN RAVI, PLAMOOD HOUSE, PETTA, TRIVANDRUM-695 024. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R5 TO 7 SRI.SAJI VARGHESE FOR R5 TO 7 SMT.MARIAMMA SEBASTIAN FOR R5 TO 7 C ADDL.D.G.P.SRI.P.N.SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31715 of 2010 ---------------------------------------- Dated this the 18th 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) direct the 1st to 4th respondents by issue of a writ of mandamus or such other appropriate writ, direction or order to forthwith afford adequate and effective police protection for the life of the petitioner and for free ingress and egress to and from the registered and corporate office of Kerala Kaumudi Private Limited, Kaumudi Building, Petta, Thiruvananthapuram - 69 024 against any obstruction, threat or violence from the 5th to 7th respondents, their agents/followers. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the Chairman and Chief Editor of Kerala Kaumudi News Paper owned by Kerala Kaumudi Private Limited. The 5th respondent is the petitioner's youngest brother and the 6th and 7th respondents are the petitioner's nephew and W.P.C.No.31715 of 2010 2 children of the 5th respondent. There is a reference to orders passed by the Company Law Board. According to the petitioner, the petitioner along with a nominee of respondents 5 to 7 along with another are entitled to sign the cheques of the Company in terms of the order passed by the Company Law Board as it stands now. About this, there is no dispute. The learned senior counsel for the petitioner would submit that the description of the assailant as the 7th respondent is a typographical error and it is the 6th respondent as can be seen from the complaint. The complaint is that while so, the 6th respondent is alleged to have assaulted the petitioner and accordingly the petitioner is before this Court after having filed a complaint. A counter affidavit is filed by the 6th respondent. 4. We have heard the learned senior counsel appearing for the petitioner and the learned senior counsel appearing for the 6th respondent besides the learned Additional Director General of Prosecutions. The learned ADGP would submit that on the basis of the complaint filed by the petitioner, a crime has been registered as Crime No.835/2010 under Section 323 and 506(i) I.P.C. Whatever that be, the learned senior counsel for W.P.C.No.31715 of 2010 3 respondents 5 to 7 would submit that respondents 5 to 7 have absolutely no intention to cause any threat to the life of the petitioner and they will only prosecute the matter before the proper forum. 5. We record the submission and close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31715 of 2010 4 W.P.C.No.31715 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010