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. 25257 of 2011(F) -------------------------------- PETITIONER(S): ----------------- 1. V.A. BINDU, VIRUTHOTHIL HOUSE, MAMPRA ROAD, PONNURUNNI, VYTILLA, KOCHI-19. 2. K.M. RADHA, VIRUTHOTHIL HOUSE, MAMPRA ROAD, PONNURUNNI, VYTILLA, KOCHI-19. 3. HONEY SAMBAN, VIRUTHOTHIL HOUSE, MAMPRA ROAD, PONNURUNNI, VYTILLA, KOCHI-19. 4. HAPPY SAMBAN, VIRUTHOTHIL HOUSE, MAMPRA ROAD, PONNURUNNI, VYTILLA, KOCHI-19. 5. SANIL S, VIRUTHOTHIL HOUSE, MAMPRA ROAD, PONNURUNNI, VYTILLA, KOCHI-19. BY ADV. SRI.ALEXANDER PETER SMTSHALINI M ALEXANDER RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, PALARIVATTOM, ERNAKULAM. 2. MR.SAMBASIVAN, PUTHUVEL HOUSE, CHENNAMKARY, VENNATTUKADU, CHATHURTHYAKARI P.O., KUTTANAD, ALAPPUZHA. WP(C).No. 25257 of 2011(F) -2- 3. MR.MADHUSUDANAN, MINCHU NIVAS, CHALIKKAVATTOM, VENNALA P.O., EDAPPALLY. 4. MRS.MINCHU, MINCHU NIVAS, CHALIKKAVATTOM, VENNALA P.O., EDAPPALLY. 5. MR.SANIL KUMAR, NANDANAM, ALIKYANANDA PRADARSHINI SABHA ROAD, CHALIKKAVATTOM, KOCHI-28. 6. MR.BIJU XAVIER, NEDUMPARAMBIL, VYTTILLA P.O., KOCHI-19. 7. MR.SIJI T.B., NEDUNILATH HOUSE, PONNURUNNI, DEEPAM ROAD, VYTTILLA, COCHIN-19. 8. SI OF POLICE, VANITHA POLICE STATION, KACHERIPPADY, KOCHI CITY. 9. CI OF POLICE, WOMEN CELL, NEAR HIGH COURT, KOCHI CITY. ADV. SRI.T.D.ROBIN FOR R6 TO 7 SRI.BABU CHERUKARA FOR R3, R4 SMT.ROSAMMA MATHEW FOR R3,4 SRI.ANZAR BASHEER FOR R3,4 SRI.P.ANTO THOMAS FOR R3,4 SRI.P.KRISHNA KUMAR (ALAPPUZHA) FOR R2 SRI.SUNIL J.CHAKKALACKAL FOR R2 SRI.PHILIP T.VARGHESE FOR R5 SRI.THOMAS T.VARGHESE FOR R5 SMT.T.M.BINITHA FOR R5 SMT.AFSANA ASHRAF FOR R5 GOVT. PLEADER SMT.C.M.CHARISMA, R1, R8, R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25257 of 2011(F) APPENDIX PETITIONERS' EXTS EXT.P1:- THE PHOTOCOPY OF THE RECEIPT EXECUTED BY THE 3RD AND 4TH RESPONDENT JOINTLY IN FAVOUR OF 1ST PETITIONER. EXT.P2:- THE PHOTOCOPY OF THE RECEIPT EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXT.P3:- THE PHOTOCOPY OF THE RECEIPT EXECUTED BY THE 6TH RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXT.P4:- THE PHOTOCOPY OF THE RECEIPT EXECUTED BY THE 7TH RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXT.P5:- PHOTOCOPY OF THE PETITION DATED 24/08/11 SUBMITTED TO THE 1ST RESPONDENT REQUESTING TO TAKE APPROPRIATE LEGAL ACTION AGAINST THE 2ND RESPONDENT HER HUSBAND AND OTHER RESPONDENTS. EXT.P6:- TRUE COPY OF THE PETITION DATED 12/09/11 SUBMITTED TOT HE 1ST RESPONDENT. EXT.P7:- THE NOTICE ISSUED BY THE 8TH RESPONDENT TO THE 1ST PETITIONER TO APPEAR BEFORE HER ON 17/09/11. EXT.P8:- THE NOTICE ISSUED BY THE 9TH RESPONDENT TO THE 1ST PETITIONER. RESPONDENTS EXTS EXT.R3(a):- TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE I.G. OF POLICE CENTRAL ZONE, ERNAKULAM. EXT.R3(b):- TRUE PHOTOSTAT COPY OF THE RECEIPT BEARING NO.B1/9103/11ER, DATED 05/09/11. EXT.R3(c):- TRUE PHOTOSTAT COPY OF THE RECEIPT RECEIVED FROM THE VANITHA CELL DATED 05/09/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.25257 of 2011 ------------------------------------------------ Dated this the 10th day of October, 2011 JUDGMENT Bhavadasan, J This Writ Petition under Article 226 has been filed by the petitioners on the allegation that respondents 2 to 7 are causing threat to the lives of the petitioners and the business that is being carried on by the petitioners 1 to 4. Petitioners have approached this Court for police protection for the smooth conduct of the business as well as their lives. 2. It is submitted by the learned counsel for the contesting respondents that the petitioners borrowed some amount from respondents 2 to 7 and it is for return of that amount due to respondents 2 to 7 that they are approaching the petitioners. They are not causing any threat to the lives or property of the petitioners. 3. On hearing both sides, we feel that if there is monetary disputes between the parties, respondents have to W. P. C. No.25257 of 2011 -2- take steps as are available to them under law. Further, they cannot take law into their hands and there is no justification for causing threat to the life of the petitioners. 4. Therefore, we direct such among the respondents 1, 8 and 9 to give adequate police protection to the lives and for the smooth running of the business of the petitioners in case any law and order problem arises in the conduct of the business and threat is caused to the life of the petitioners. It is made clear that the contesting respondents will be at liberty to have recourse to the procedure as per law for recovery of amounts due to them. 5. This Writ Petition is disposed of with the above direction. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- W. P. C. No.25257 of 2011 -3-