IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25483 of 2011(I) --------------------------------- PETITIONER(S): ------------------- SUDEEP.V., S/O. M.K.VIJAYAKUMARAN PILLAI RESIDING AT DEVANGANA, VIDYA NAGAR-25-A, KOTTAMUKKU, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAVIKUMAR RESPONDENT(S): -------------------- 1. THE COMMISSIONER OF POLICE, KOLLAM - 691 001. 2. THE SUB INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM - 691 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 25483/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COUNTER AFFIDAVIT DATED 30/06/2011 FILED BY THE RESPONDENT IN C.P.9/2011 PENDING BEFORE THE HONOURABLE HIGH COURT OF KERALA. P2: COPY OF THE PETITION DATED 19/09/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3: COPY OF THE PETITION DATED 19/09/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25483 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011. JUDGMENT PIUS C. KURIAKOSE, J, In this writ petition filed under Article 226 of the Constitution of India, the petitioner, who is the son of one M.K.Vijayakumaran Pillai, seeks protection for his life and also for enabling him to stay in his house at Vidya Nagar-25A, Kottamukku, Kollam along with his wife and children and to move about freely without obstruction from persons who claim to be creditors of M/s. Business Benefit Company Ltd.. The case of the petitioner is that his father, Sri.M.K.Vijayakumaran Pillai, was the Managing Director of the above company which had allegedly received deposits from various investors. Alleging that the amounts invested are not being repaid, investors are now obstructing even the free movement of the petitioner. The petitioner has absolutely nothing WPC.25483/2011. 2 to do with the business conducted by M/s. Business Benefit Company Ltd.. Hence this petition for police protection. 2. While considering this petition for admission, this court directed the Government Pleader, who took notice on behalf of the respondents, to seek instructions from the respondents as to whether enquiry was conducted into Ext.P2 complaint submitted by the petitioner and to appraise this court of the result of the enquiry. 3. Smt. Charisma, learned Government Pleader on the basis of the instructions submits that the enquiry reveals that the investors of M/s. Business Benefit Company Ltd., of which the father of the petitioner was the Managing Director, are approaching the petitioner seeking details as to the whereabouts of the petitioner's father and the other Directors of the above Company. On account of persistent demands by the investors, the law and order situation were about to arise, but thwarted due to the timely intervention of the police. The police are prepared to render protection to the petitioner. But the petitioner is not presently residing at WPC.25483/2011. 3 Vidya Nagar, Kottamukku, Kollam. Hence the police is not in a position to render protection to the petitioner or to the members of his family. 4. Sri. K.Ravikumar, learned counsel for the petitioner would submit that it is due to the contumacious acts of the so-called investors of M/s. Business Benefit Company Ltd that the petitioner became compelled to move out of his house at Vidya Nagar, Kottamukku, Kollam. The petitioner needs police protection for residing along with his family in the said house. Though such protection was sought for, the police have not chosen to grant the same. Sri.Ravikumar also submits that the petitioner had nothing to do with the business conducted by M/s.Business Benefit Company Ltd.. 5. Having considered the above submissions, we feel that the petitioner is justified in seeking police protection for his peaceful residence in his house at Vidya Nagar, Kottamukku, Kollam along with the members of his WPC.25483/2011. 4 family free from any obstruction from the persons who had invested in M/s. Business Benefit Company Ltd. In the above circumstances, we direct the second respondent, Sub Inspector of Police to keep constant surveillance over the petitioner, the members of his family and the petitioner's house at Vidya Nagar, Kottamukku, Kollam and ensure that the petitioner and members of his family are able to reside peacefully in the said house without any trouble from the persons who claim to be investors in M/s. Business Benefit Company Ltd. If any threat is reported by the petitioner to the second respondent, the second respondent will take prompt action and ensure that the lives and limbs of the petitioner and the members of his family are safe. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE sb.