IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 15704 of 2011(K) -------------------------------- PETITIONER(S): ------------------ S.NASARUDEEN, S/O.LATE M.SHAHUL HAMEED, MATHEPALLIL VEEDU, CHATHINAMKULAM, CHANDANATHOPPE P.O., MANGAD VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): ------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM POLICE STATION, KOLLAM DISTRICT-691 001. 2. DEPUTY SUPERINTENDENT OF POLICE, KOLLAM, KOLLAM DISTRICT-691 001. 3. THE CIRCLE INSPECTOR OF POLICE EAST POLICE STATION, KOLLAM, KOLLAM DISTRICT-691 001. 4. THE SUB INSPECTOR OF POLICE, KILIKOLOOR POLICE STATION, KOLLAM DISTRICT-691 004. 5. ABDUL AZEEZ, S/O.LATE M.SHAHUL HAMEED, MATHEPATHIL VEEDU, CHATHINAMKULAM, MANGAD VILLAGE, CHANDANATHOPPE P.O., KOLLAM DISTRICT-691 014. WP(C).No. 15704 of 2011(K) -2- 6. SHIHABUDEEN, S/O.LATE M.SHAHUL HAMEED, MATHEPATHIL VEEDU, CHATHINAMKULAM, MANGAD VILLAGE, CHANDANATHOPPE P.O., KOLLAM DISTRICT-691 014. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15704 of 2011(K) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE TAX RECEIPT DATED 27/04/11 IN RESPECT OF THE PROPERTY EXT.P2:- TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.47/03. EXT.P3:- TRUE COPY OF THE FIR IN CRIME NO.248/11 IF KILIKOLLUR POLICE STATION. EXT.P4:- TRUE COPY OF THE COMPLAINT DATED 02/06/11 PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.15704 of 2011 ------------------------------------------------ Dated this the 8th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition under Article 226 is filed by the petitioner seeking protection for his person and life from 5th and 6th respondent who are his son and brothers. According to the petitioner, he was working abroad and he executed a power of attorney in favour of the 6th respondent for managing his properties during his absence. The documents pertaining to his immovable properties were also entrusted with the 6th respondent. The 5th respondent could get those documents from the 6th respondent and utilising those documents the 5th respondent availed a loan from Punjab National Bank, Kollam. The petitioner has filed Ext.P3 petition complaining about the fraudulent dealings of 5th and W. P. C. No.15704 of 2011 -2- 6th respondent with the property and the documents. The police has already registered Ext.P3 FIR arraying respondents 5, 6 and another person as the accused. According to the petitioners on 15/04/11, there was a threat from respondents 5 and 6 on his life. Ext.P4 complaint was given to the police. Police has not taken any action. 2. On getting instructions from the police, the learned Government Pleader submitted that it was considering the complaints submitted by the petitioner that the police registered crime against respondents 5 and 6 and another person under Sections 420, 427 and 465 IPC. Ext.P4 petition was also enquired into. The enquiry revealed that at present there is no threat from respondents 5 and 6 to the life of the petitioner. The learned Government Pleader submitted that if and when any such threat arises, the police will not hesitate to give protection. The learned counsel for the petitioner submitted that there is continued threat even now W. P. C. No.15704 of 2011 -3- to the life of the petitioner. The petitioner is not in a position to come out of his house due to the above threat. 3. Having considered the submissions addressed, we do not find any reason not to accept the police version that at present there is no threat. At the same time, we dispose of the Writ Petition directing the petitioner to file complaints before the police, the 4th respondent as and when threats on his life or to his property arises from respondents 5 and 6. If the 4th respondent receives any such petition or complaint, he will take immediate action on the same after conducting due enquiries. If it is revealed that there is a threat, the 4th respondent will afford police protection. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.15704 of 2011 -4-