IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 28049 of 2011(E) ------------------------------------- PETITIONER(S): ------------------------ 1. HELGA D.PIOUS, D/O.DATTY PIOUS, AGED 42, SHA COTTAGE, NEAR RAILWAY GATE, KAZHAKOOTTAM P.O., THIRUVANANTHAPURAM. 2. ALDO PIOUS, AGED 35 YEARS, SHA COTTAGE, NEAR RAILWAY GATE, KAZHAKOOTTAM P.O., THIRUVANANTHAPURAM. 3. SUSAN D.PIOUS,SUNVIEW, NEAR KINFRA, MENAMKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, 695 001. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM 695 001. 3. CIRCLE INSPECTOR OF POLICE, KAZHAKKUTTOM POLICE STATION, KAZHAKKUTTOM 695 582. W.P.(C) NO.28049/2011 4. SUB INSPECTOR OF POLICE KAZHAKKUTTOM POLICE STATION, KAZHAKKUTTOM 695 582. 5. THOMAS FRENANDAZ, AGED 49 YEARS, P.S.VILLA, VILAYILKULAM, NEAR MAR THOMA CHURCH, KAZHAKKOOTTOM 695 582. R1 TO R4 BY SR.GOVT. PLEADER SRI.M.K.ABOOBACKER R5 BY ADV. SRI.J.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28049/2011 APPENDIX PETITIONER'S EXHIBITS. P1:- COPY OF THE FIR 774/2011 OF KAZHAKKOOTTAM POLICE STATION DTD. 22.9.2011. P2:- COPY OF THE COMPLAINT FILED BY THE IST PETITIONER BEFORE 3RD RESPONDENT DTD. 22.9.2011. P3:- COPY OF THE COMPLAINT FILED BY THE IST PETITIONER BEFORE 4TH RESPONDENT DT.D 22.9.2011. P4:-COP RELEVANT PAGE OF PASSBOOK ISSUED TO 2ND PETITIONER BY THE STATE BANK OF TRAVANCORE DTD. 10. 9.04. P5:- COPY OF THE CERTIFICATE DTD. 23.9.2010 ISSUED BY THE STATE BANK OF TRAVANCORE TO THE 2ND PETITIONER P6:- COPY OF THE REGISTRATION CERTIFICATE NO.185 ISSUED BY THE GOVERNMENT OF INDIA DTD. 16.6.2011 TO 2ND PETITIONER. P7:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE INCOME TAX DEPARTMNET FOR THE YEAR 2007 -08 TO THE 2ND PETITIONER. P8:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE INCOME TAX DEPARTMENT FOR THE YEAR 2008-09 TO THE 2ND PETITIONER. P9:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE INCOME TAX DEPARTMENT FOR THE YEAR 2009-10 TO THE 2ND PETITIONER. P10:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE INCOME TAX DEPARTMENT FOR THE YEAR 2010-2011 TO THE 2ND PETITIONER. P11:- COPY OF THE LICENSE ISSUED BY WIRE AND WIRELESS (INDIA) LTD. TO THE 2ND PETITIONER P12:- COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER BY THE SITI CHANNEL OPERATOR'S WELFARE SOCIETY DTD. 18.8.04. P13:- COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER BY THE SITI CHANNEL OPERATOR'S WELFARE SOCIETY DTD. 21.8.04. P14:- COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER BY SITI CHANNEL OPERATOR'S WELFARE SOCIETY DTD. 26.7.04. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.28049 of 2011 -------------------------------------------------- Dated this the 14th day of November, 2011 J U D G M E N T K.Harilal, J The petitioners 1 and 3 are sisters and 2nd petitioner is their brother. The 5th respondent is the uncle of the petitioners. The 2nd petitioner is conducting a cable net work unit at Kazhakkuttom and the 1st petitioner is working as the Manager of the unit. The petitioners 1 and 2 and 5th respondent were having some financial transactions between them. Rs.5,00,000/- is due to the 1st petitioner from the 5th respondent and Rs.2,00,000/- is due to the 5th respondent from the 2nd petitioner. The 5th respondent demanded money from the 2nd petitioner. The petitioners took a stand that the same will repaid only if the 5th respondent is clearing the amount due to the 1st petitioner. Thus there arose a dispute in connection with the transaction. 2. The grievance of the petitioners is that the 5th respondent used to come to the house of the petitioners in a Scorpio Van with his henchmen and abused and threatened the petitioners. According to them threat is continuing. On complaint a crime was registered by the police against the 5th W.P(C) No.28049 of 2011 2 respondent alleging the offence under Section 294(b), 341, 323 and 354 IPC. But thereafter no effective action had been taken to avoid the threat. 3. The learned Government Pleader submitted that it is true that the threat is continuing as alleged by the petitioners and the matter is being investigated by the Sub Inspector of Police, Kazhakkuttom. 4. In the above circumstances we are inclined to grant adequate and sufficient police protection to the life and limbs of the petitioners. The respondents 3 and 4 are directed to grant adequate and sufficient police protection to the life and limbs of petitioners from the threat and illegal activities of the 5th respondent and his henchmen. With regard to disputes in connection with properties including the management of the cable T.V operation, the parties are at liberty to approach a competent civil court in accordance with law. The Writ Petition is disposed of as above. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE ab //True Copy//