IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 37632 of 2009(Y) -------------------------- PETITIONER(S): --------------- M.K. AJEENA, ...S/O. R.M. SUDHARSHAN, AGED 40 YEARS, PREMIER BUILDING, COURT ROAD, CALICUT. BY ADV. SRI.P.T.JOSE RESPONDENT(S): --------------- 1. C. VIVEK @ BALLOO, S/O. SAHADEVAN, AGED 56 YEARS, VIVEK, CHOLAPURATH, BRINDAVAN COLONY, CHEVAYOOR, CALICUT. 2. C. SREEJITH, S/O. SAHADEVAN, AGED 52 YEARS, VIVEK, CHOLAPURATH, BRINDAVAN COLORY, CHEVAYOOR, CALICUT. 3. P. RAJEEVN, S/O. SEHARAN, AGED 41 YEARS, PUNNASSERY HOUSE, ATHANIKKAL, WEST HILL.P.O,CALICUT-5. 4. AJAYAKUMAR, AGED 59 YEARS, ANUROOP, KARATHIPARAMBU, NETTOLY ROAD, KUTHIRAVATTOM.P.O, CALICUT. 5. PURUSTHOTHAMAN, S/O. ACHUTHAN, AGED 54 YEARS, POTTAMMLA HOUSE, MANNALOTHPARAMBU, BILATHIKULAM, ERANHIPALAM, CALICUT - 6. 6. VINOD KUMAR.O.K, S/O. SHANKUNNI, AGED 48 YEARS, CHELADATHPARAMBU, EDAKKAD, PUTHIYANGADI, CALICUT. 7. RADHAKRISHNAN, AGED 55 YEARS, VANDANAM, WEST HILL.P.O, CALICUT -5 8. T.K. SATHYANATHAN, S/O. KELUKUTTY, AGED 55 YEARS, 1/3495, KANNOUR ROAD, WEST HILL.P.O, CALICUT-5. 9. O. GOPINATH, S/O. KRISHNAN, AGED 68 YEARS, 1/3376, THRIPTHI, WEST HILL.P.O, CALICUT -5. 10. P.K. SATHEESAN, AGED 50 YEARS, KIZHAKKEPURATH, NELLIKODU.P.O, CALICUT. 11. M.C. SOORAJ, S/O.M.C. SUBRAMANYAN, AGED 42 YEARS, MENICHEDATH HOUSE, M.C. LANE, PUTHYERA, CALICUT -5. 12. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, CALICUT. 13. CITY POLICE COMMISSIONER, CALICUT. 14. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P., SRI T K VIPINDAS FOR R12 TO 14 ADV. SRI.V.K.BALACHANDRAN FOR R7 SRI.ANIL SIVARAMAN FOR R1-R2 SMT.RAJI VINCENT FOR R1-R2 SRI.K.M.FIROZ FOR R5 & 9 SRI.P.K.SAJEEV FOR R8 SRI.V.SREENATH FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37632 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXTP1 : TRUE COPY OF REGISTERED LETTER DT.3.10.2009 ISSUED TO DIRECTORS OF M/S. “CONCORD LEASING & HIRE PURCHASING PVT. LTD.” EXT.P2: TRUE COPY OF REGISTERED COMPLAINT DT.16.12.2009 BEFORE THE CITY POLICE COMMISSIONER CALICUT. EXTP3 : TRUE COPY OF POSTAL RECEIPT DT.18.12.2009. RESPONDENT'S EXHIBITS: EXT.R7(A) : TRUE COPY OF THE F.D. RECEIPT FOR RS.2,00,000/- EXT.R7(B) : TRUE COPY OF THE F.D. RECEIPT FOR RS.65,000/- EXT.R7(C) : TRUE COPY OF THE ORDER OF THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE IN O.P. NO. 315/ 2003 DT.17.10.2003. EXT.R2(a) : TRUE COPY OF THE NOTICE DT.1.11.2002 EXT.R2(b) : TRUE COPY OF THE COMPLAINT DT.17.2.2003 EXT.R2(c) : TRUE COPY OF THE ORDER OF THE CONSUMER DISPUTES REDRESSAL FORUM DT.30.7.2003. EXT.R2(d) : TRUE COPY OF THE COMPLAITN DT.24.12.2002 SUBMITTED BEFORE THE CI OF POLICE, KASABA, PANNIYANKARA, KOZHIKODE. K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 37632 of 2009 Y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2010 JUDGMENT Joseph J., The petitioner has approached this court with the following prayer: Issue a writ of mandamus or any other appropriate writ, order or direction directing to 12th and 13th respondents, the Sub Inspector of Police Town Police Station, Calicut and Commissioner of Police Calicut to afford sufficient police protection to the petitioner and the members of her family for their life and liberty and also for the free ingress to and egress from commercial building of the petitioner. 2. Briefly the facts of the case are as follows: The petitioner is the owner of 12000 sq. feet of building named “Premier Building” Court Road, Calicut situated in more than 10 cents of property, which is now let out to 15 tenants. Husband of the petitioner was W.P. (C) No. 37632 /2009 2 the Director of the company and he retired from the Board of Directors. There were some financial dealings. The petitioner has no liability to clear any amount due by the company to respondents 1 to 11. The petitioner is unable to resist the illegal act of the respondents 1 to 11 and their men. 2. We heard the learned counsel for the petitioner and respondents 1 to 11 and also the learned Government Pleader. 3. Counter affidavits have been filed by some of the party respondents. According to the party respondents they have been cheated. The learned Government pleader also submits that a cheating case is pending against the petitioner's husband. 3. In regard to the financial transactions, while it will be open to the official respondents to proceed against the husband of the petitioner, in accordance with law, by way of continuing the investigation, it may not be open to the party respondents to threaten the petitioner and her children. Accordingly this Writ Petition is disposed of directing W.P. (C) No. 37632 /2009 3 respondents 12 and 13 to provide sufficient and adequate police protection to the petitioner and her children for their life from respondents 1 to 11. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/