IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 18859 of 2008(T) -------------------------- PETITIONER: ------------ N.DEVADASAN, S/O.NARAYANAN, AGED 75 YEARS, REENA NIVAS, THOTTAKKAD, KARAVARAM P.O., KALLAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.SIVARAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 4. CIRCLE INSPECTOR OF POLICE, VARKALA. 5. THE SUB INSPECTOR OF POLICE, KALLAMABALAM. 6. MURUKAN, S/O.APPUKUTTAN ACHARIO, S.D.BHAVAN, THUMBODU, KALLARA P.O., THIRUVANANTHAPURAM DISTRICT. 7. ROSHID, S/O.CHERUVATHOOR VASU, DEVASWOM PARAMBIL HOUSE, IKKARAPADY, PULLIKKAL P.O MALAPPURAM DISTRICT. W.P.(C) NO.18859/2008 8. SOMASUNDARAM, S/O.DURAISWAMY ACHARI, KALTHACHANVILAKATH VEEDU, NAVAYIKULAM P.O., KALLAMBALAM. 9. SIVADASAN, S/O.SUBRAMANIAN, IRATTAKULAM HOUSE, ELAMPULASSERY P.O., KARAKURISSERI VIA, PALAKKAD DISTRICT, PIN 578 752. 10. SUNILKUMAR, S/O.ADDODA MADAPURACKAL KUNHIKANNAN, SREYAS NIVAS, KUDUCHIRA P.O., PONNIYAM WEST, KANNUR DISRICT. BY ADV. SRI. K.SIJU KAMALASANAN FOR R5-10 SRI.A.MUHAMMED RAFFI FOR R5-10 SRI.B.SUGATHAN FOR R5-10 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.18859/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR HOME AFFAIRS DT.21.6.2008. RESPONDENT'S EXTS: EXT.R6(a): COPY OF THE VISA GIVEN BY THE PETITIONER TO THE 6TH RESPONDENT. EXT.R6(b): COPY OF THE VISA GIVEN BY THE PETITIONER TO THE 9TH RESPONDENT. EXT.R6(c): COPY OF THE COMPLAINT FILED BY THE RESPONDENTS 7 TO 10 BEFORE THE 4TH RESPONDENT DT.11.12.2007. EXT.R6(d): COPY OF THE REPORT IN MALAYALA MANORAMA DT.13.12.2007. EXT.R6(e): COPY OF THE COMPLAINT ISSUED BY THE 6TH RESPONDENT'S FATHER TO NORKA MINISTER. EXT.R6(f): COPY OF THE LETTER DT.24.1.2008 ISSUED BY INDIAN CONSULATE TO DUBAI LABOURS DEPARTMENT. EXT.R6(g): COPY OF THE LETTER DT.7.4.2008 ISSUED BY INDIAN CONSULATE. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.18859 OF 2008 ---------------------------------------- Dated this the 27th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a senior citizen. He was working in the gulf countries for about 25 years and he returned to Kerala about 15 years back. Now he is leading a peaceful life. While so, the respondents 6 to 10 came to the house of the petitioner enquiring whether it is the wife's house of one Mr.Chithiranjan. The said Chithiranjan is the son-in-law of the petitioner. When they tried to threaten the petitioner, he informed the police and on the intervention of the police they went back. While so, on 14.6.2008, the 5th respondent, Sub Inspector of Police asked the petitioner to appear before him next day. On 15.6.2008, the petitioner went to the police station along with his brother-in-law and a lawyer, who is a relative of the petitioner. The Sub Inspector of police directed the petitioner to pay Rs.1,00,000/- each to the respondents 6 to 10. The said respondents are goldsmiths. The petitioner submits his W.P.(C) No.18859/2008 2 son-in-law is the Manager of a jewellery in gulf and the above persons were employed there. They were caught by the police as they changed their sponsor without the permission of the authorities and it appears that there is some dispute between those respondents and his son-in-law. The petitioner has nothing to do with the above transaction. But he is being unnecessarily threatened and harassed by the Sub Inspector of police at the instance of the aforementioned respondents. So he filed a representation before the Home Minister of Kerala, a copy of which is produced as Ext.P1. Thereafter, this writ petition is filed seeking appropriate reliefs. 2. The respondents 6 to 10 have filed a counter affidavit stating that the petitioner's son-in-law offered them employment in his jewellery in the gulf. On behalf of the son-in-law, the petitioner received Rs.1,00,000/- each from them. On reaching the gulf, they were not paid the promised salary and therefore they have to come back. They approached the petitioner to pay back the amount received by him. To wriggle out this liability, this writ petition is filed. W.P.(C) No.18859/2008 3 3. The learned Government Pleader, upon instructions, submitted that the petitioner came to the police station on 15.6.2008 and he sought time to satisfy the claim of the party respondents in consultation with his son-in-law. Thereafter, he did not appear before the police and then he filed this writ petition before this Court. 4. The petitioner has filed a reply affidavit denying the allegations of party respondents. He asserts he has not received any amount from them and they are total strangers to him. He got their address only from his son-in-law, it is submitted. Having regard to the allegations and counter allegations, it is not possible for this Court to find out the real facts. If the petitioner has received Rs.1,00,000/- each from the party respondents and cheated them, he is not entitled to get any protection from this Court. But, whether he has received the amount or not is a disputed question of fact. In that case also this Court must decline jurisdiction. We do so. Accordingly, this W.P.(C) No.18859/2008 4 writ petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil/criminal courts to redress his grievance. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps