IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 7090 of 2011(I) ------------------------------------ PETITIONER(S): ------------------------ D.SURESH, S/O.LATE DAMODARAN, AGED 48 YEARS, CHERADIYIL HOUSE, NAGAPUZHA P.O., MUVATTUPUZHA, PIN-686 668. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI, O/O.SUPERINTENDENT OF POLICE, CIVIL STATION, PYNAVU, IDUKKI, PIN-685 603. 2. THE SUPERINTENDENT OF POLICE(RURAL), ALUVA, NEAR POWER HOUSE, ALUVA, PIN-683 801. 3. THE ASSISTANT SUPERINTENDENT OF POLICE, THODUPUZHA, PIN-685 584. 4. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA, PIN-685 584. 5. SUB INSPECTOR OF POLICE, KALLOORKKADU POLICE STATION, PIN-686 668. 6. T.G.RAGHU, THEKKEL HOUSE, PUTHUPARIYARAM, THODUPUZHA-678 009. 7. REJI JOHN, THALACHIRA HOUSE, ARIKUZHA P.O., THODUPUZHA, PIN-685 608. WP(C)NO.7090/2011 8. SHINE D., KOVALAYIL HOUSE, VENGALLUR P.O., THODUPUZHA, PIN-676 102. 9. BIJU JOSEPH, CHEPPANATH HOUSE, OLAMATTOM, THODUPUZHA, PIN-685 608. R1 TO R5 BY GOVERNMENT PLEADER SRI. JAIBY PAUL R6 BY ADV. SRI.M.D.SASIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.7090/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT DATED 05/03/2010 SUBMITTED BY PETITIONER TO THE DIRECTOR GENERAL OF POLICE AND 1ST RESPONDENT. P2 COPY OF THE NOTICE DATED 06/03/2010 U/S 80 OF C.P.C. P3 COPY OF THE CRL.M.C.NO.393/2010 FOR ANTICIPATORY BAIL. P4 COPY OF THE ORDER DATED 15/03/2010 IN CRL.M.C.NO.393/2010. P5 COPY OF THE LAWYER NOTICE DATED 22/06/2010. P6 COPY OF THE PETITION DATED 26/02/2011 SUBMITTED TO THE 1ST AND 4TH RESPONDENTS. P7 COPY OF THE PETITION DATED 26/02/2011 SUBMITTED TO THE 2ND AND 5TH RESPONDENTS. P8 COPY OF THE LETTER DATED 01/03/2011 ISSUED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R6(A) COPY OF THE NOTICE DATED 28/02/2011. R6(B) COPY OF THE REPLY NOTICE DATED 11/03/2011. R6(C) COPY OF THE NOTICE U/S SARFEASI ACT DATED 03/01/2011. /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 7090 OF 2011 ----------------------------------------------------------- Dated this the 5th April, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition for issue of directions under Art.226 to respondents 1 to 5 to afford protection for the petitioner against apprehended illegal contumacious, culpable and violent acts of respondents 6 to 9. 2. According to the petitioner he owes no amount to respondents 6 to 9. But respondents 6 to 9 claiming that amounts are due from the petitioner have been making demands against the petitioner. Now all of them have teamed up together and are vexing and harassing the petitioner with demands for return of money. They are threatening and intimidating the petitioner. Petitioner perceives a threat to his life and person from respondents 6 to 9. Even his wife and family are threatened by respondents 6 to 9. It is in these circumstances that the petitioner has come to this Court seeking issue of directions under Art.226. WPC 7090/2011 2 3. Sixth respondent has entered appearance through counsel. Respondents 7 to 9 have also appeared through counsel. They deny all allegations raised in this petition. According to them huge amounts are due to respondents 6 to 9 from the petitioner. Respondents 6 to 9 are put to untold misery because of the adamant refusal of the petitioner to pay amounts due to them. It is true that demands were made by respondents 6 to 9 to the petitioner to discharge the liability. The petitioner has adamantly refused to repay the amount due. Necessary steps in accordance with law shall be taken to recover the amounts from the petitioner but respondents 6 to 9 have no intention to cause any harm or threat to the life or person of the petitioner or his relatives. This undertaking may be recorded and accepted. No directions under Art.226 are in these circumstances necessary submit learned counsel for respondents 6 to 9. 4. We turned to the learned Govt. Pleader for his submissions. The learned Govt. Pleader submits that in the perception of the police officials there is no threat to the life or person of the petitioner from respondents 6 to 9. Monetary disputes are there and insistence is being made by respondents 6 WPC 7090/2011 3 to 9 to make repayment of the amounts allegedly due. In these circumstances no directions under Art.226 are necessary. Respondents 6 to 9 shall have to resort to procedure known to law for recovery of amounts if any due to them from the petitioner. If there be any contumacious and culpable conduct on the part of respondents 6 to 9 in assertion of the alleged claim for money which they have the respondents 1 to 5 shall take necessary action to abate such threat submits the learned Govt. Pleader on behalf of respondents 1 to 5. 5. We have considered all the relevant inputs. We take note of, record and accept the submission of the counsel for respondents 6 to 9 that they shall not indulge in any contumacious or culpable conduct against the petitioner for claiming the amounts due to them. We record their submission/undertaking that they shall only take proceedings in accordance with law for recovery of the amounts. We further record and accept the submission of the learned Govt. Pleader that the police shall, if there be any threat against the life or person of the petitioner and his relatives, take appropriate and necessary action. In these circumstances we are satisfied that no further directions are necessary. WPC 7090/2011 4 6. This petition is in these circumstances dismissed accepting the submissions recorded above. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7090/2011 5