IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 32571 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------- 1. B.SREELATHA, AGED 43, W/O.HARIDAS, R/AT "ASWATHY", PAZHAVEEDU.P.O., ALAPPUZHA-9. 2. G.HARIDAS, AGED 47, S/O.T.K.GOVINDAN NAIR, R/AT "ASWATHY", PAZHAVEEDU.P.O., ALAPPUZHA-9. BY ADVS. SMT.T.S.MAYA (THIYADIL), SMT.PRINCY XAVIER. RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH - 688 002. 3. DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 002. 4. KANNAN, AGED 27, R/AT SHANKARA BHAVANAM, KULATHITTE VADAKKETHIL HOUSE, THIRUVAMPADY.P.O., ALAPPUZHA-2. 5. MUHAMMED SADIQUE, AGED 55, S/O.HABEEBMOHAMMED, R/AT SURABI HOUSE, PANACHIKKAVU.P.O., PERUNNAI WEST, CHANGANACHERRY VILLAGE, KOTTAYAM DISTRICT - 678 396. 6. SHIBU.P.S., AGED 45, S/O.P.K.SURENDRAN, R/AT PANATHARA HOUSE, VILLOONNI.P.O., ARPOOKKARA, KOTTAYAM - 688 001. Kss ..2/- ..2.... WPC.NO.32571/2010 V 7. SUBASH, AGED 35, R/AT OMANA MANDIRAM, ANNA VEEDU, CHANNANAKKAVU, IRON BRIDGE.P.O., ALAPPUZHA - 688 001. 8. VITHUKUMAR.B., AGED 35, CHARTERED ACCOUNTANT, R/AT SANGEETHA SUDHA, WEST OF PAZHAVEEDU VILLAGE OFFICE, SANATHANAPURAM.P.O., ALAPPUZHA-688 003. 9. SURESH KUMAR, AGED 40, "ADITHYA DEVA FINANCE", "SWARNA GURBHA", THUNDUPARAMPU, PAZHAVEEDU.P.O., ALAPPUZHA-688 009. 10. SANTHOSH, AGED 55, "SREYAS CHITS & KURIES [P] LTD., OPPOSITE ETTUMANOOR TEMPLE, ETTUMANUR.P.O., KOTTAYAM - 678 395. 11. PRAKASHAN, AGED 55, R/AT VALLOITHARA KOCHU KALPPURA, CHUDUKADU ROAD, AVALOOKKUNNU.P.O., ALAPPUZHA - 688 014. 12. PRASANNAN, AGED 55, R/AT KOCHUPODI NIVAS, ST.MARY'S SCHOOL ROAD, NEAR KOMMADI, HEAD POST OFFICE.P.O., ALAPPUZHA - 688 001. 13. ANIL KUMAR, AGED 55, ADITHYA FINANCE, "ADITHYA", NEAR MULLAKKAL VILLAGE OFFICE, V.C.S.B.ROAD, Y.M.C.A.JUNCTION, ALAPPUZHA - 688 001. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R4 BY ADV. SRI.C.A.CHACKO R5 BY ADV. SRI.M.P.MADHAVANKUTTY R6 BY ADVS.SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY. R7 BY ADV. SRI. BINDU SASTHAMANGALAM R8 BY ADVS.SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. R9 BY ADV. SRI.R.RAJENDRA PRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32571/2010 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DTD. 20/09/2010. P2: COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DTD. 12/10/2010. P3: COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DTD. 12/10/200. P4: COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DTD. 18/10/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.32571 of 2010 ---------------------------------------- Dated this the 2nd day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: a) Issue a writ order or direction in the nature of mandamus or other appropriate writ directing respondents 1 and 3 to take necessary actions against Ext.P1 and P4 complaints and to render adequate and meaningful protection to the life of the petitioners and other family members to live at their house peacefully. 2. Briefly put, the case of the petitioners is as follows: 3. The 4th respondent was an employee of the 2nd petitioner who was a wholesale veterinary medicine dealer. Respondents 5 to 13 are conducting money lending business. Foul play is alleged against the 4th respondent. The 2nd petitioner met financial crisis. When the 2nd petitioner questioned the malpractices of the 4th respondent, he influenced others and all the respondents threatened and harassed the 1st petitioner at her employment place, house etc. for getting the money immediately. The petitioners are ready to clear their W.P.C.No.32571 of 2010 2 debts and they wanted six months time for getting money. But the respondents threatened the petitioners that they will kill the entire family in a well planned manner. 4. Today when the matter came up, we have heard the learned counsel for the petitioner and the learned counsel for the respondents. The learned counsel for the party respondents submits that much sums are due from the petitioners. Proceedings have been initiated against the petitioners. They would submit that they will only take legal steps for the recovery of the debts due from the petitioners and there is no question of any threat to the petitioners, as alleged. 5. We record the submissions and we further direct that if the petitioners bring to the notice of the 1st respondent any threat from respondents 4 to 13, the 1st respondent will look into it and if the complaint is found to be genuine, the 1st respondent shall afford protection to the life of the petitioners as against respondents 4 to 13. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.32571 of 2010 3 W.P.C.No.32571 of 2010 4 W.P.C.No.32571 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010