IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31259 of 2011(F) ---------------------------------- PETITIONER(S): -------------------- 1. M/S. PUNARTHAM SANGEETHA CHITS PRIVATE LIMITED, PENTAGON CHAMBER, NEAR ENGLISH CHURCH, CALICUT - 673011. REPRESENTED BY ITS MANAGING DIRECTOR 2. K.V.SANJEEV, AGED 36 YEARS,S/O.K.VAMANAN, VALLY COTTAGE, NEAR PAKKU VEETTIL KAVU, P.O.WEST HILL, CALICUT-673005. BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): --------------------- 1. RAJAN, S/O.SAMI, PULIKKAL HOUSE, NALU KOODI PARAMBU, PANIKKAR ROAD,POST NADAKKAVU,PUTHIYAKADAV, KOZHIKODE. 2. JAYAN.K., S/O.VASU, KUNNUMMAL,MADHAVAM PARAMBA, POST NADAKKAVU, PUTHIYAKADAV, KOZHIKODE. 3. ASSISTANT POLICE COMMISSIONER, CALICUT NORTH, KOZHIKODE DISTRICT. 4. CIRCLE INSPECTOR OF POLICE,NADAKKAVU CIRCLE, KOZHIKODE. 5. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, CALICUT. R1, 2 BY ADVS. SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR SRI.T.K.SANDEEP SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL) R3 TO R5 BY GOVT. PLEADER SRI. SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31259/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY REGISTRAR COMPANIES KERALA VIDE CIN NO. U 65992KL2008PTCO232563 DT.17-12-2008. P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16-11-2011. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31259 OF 2011 ------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, a company and its Managing Director, have filed this writ petition seeking police protection for life, property and also for carrying out the business of the first petitioner establishment without any obstructions and threats from the respondents 1 and 2 and persons acting under them. It is alleged in the writ petition that the party respondents and persons acting under them are creating all sorts of troubles, as a result of which the first petitioner company is finding it extremely difficult to conduct its business. It is also alleged that there is threat on the life of the 2nd petitioner from respondents 1 and 2. 2. Sri.Susheel Cyriac learned Government Pleader on behalf of the 5th respondent submitted that at present there is no law and order situation warranting intervention of the police. Even though notice was sent to the party respondents by special WPC.No.31259/2011 2 messenger, they have not come forward to resist this writ petition. All the allegations in the writ petition thus stand established against them by non traverse. 3. Under the above circumstances, taking into account the stand taken by the police, we dispose of this writ petition issuing the following directions; The 5th respondent is directed to keep constant vigil over the business premises of the first petitioner company as well as the residential house of the second petitioner and to ensure that no law and order situation or violence arises on account of the dispute between the first petitioner and respondents 1 and 2. It should also be ensured that the life and limbs of the second petitioner are safe from any threats and assaults from the part of respondents 1 and 2. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.31259/2011 3