IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 27243 of 2010(E) ------------------------------------- PETITIONER(S): ---------------------- ERUMALA MATHEW BABU, S/O.E.P.MATHEW, ERUMALA HOUSE, KOTHAMANGALAM P.O., ERNAKULAM, PIN-686 691. BY ADV. SRI.A.B.JALEEL RESPONDENT(S): ------------------------ 1. VIJAYAN THOMAS @ THOMAS CLEOPHAS, KALLUVILA VEEDU, RC STREET, NEYYATTINKARA, TRIVANDRUM-695 121. 2. THE COMMISSIONER OF POLICE, ERNAKULAM CITY, PIN-682 018. 3. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM-686 691. R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R2 & R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27243 OF 2010-E PETITIONER'S EXHIBITS: EXT.P1. TURE COPY OF THE PETITION DATED 26.8.2010. RESPONDENT'S EXHIBITS: EXT.R1A. TRUE COPY OF THE CERTIFICATE INCORPORATION OF TRANSCEND DEVELOPERS (INDIA) PVT.LTD. EXT.R1B.TRUE COPY OF THE ALLOTMENT OF DIRECTOR IDENTIFICATION NUMBER (DIN) TO THE IST RESPONDENT. EXT.R1C.TRUE COPY OF THE ALLOTMENT OF DIRECTOR IDENTIFICATION NUMBER (DIN) TO THE PETITIONER. EXT.R1D. TRUE COPY OF THE LETTER DATED 9.3.2006 OF THE PETITIONER ADDRESSED TO THE MANAGER, FEDERAL BANK LTD., TRIVANDRUM. K.M.JOSEPH & P.BHAVADASAN JJ. ------------------------------------------------------ W.P.(C) No.27243 of 2010-E ---------------------------------------------- Dated, this the Ist day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue a writ of mandamus or such other appropriate writ, order or direction directing the 2nd and 3rd respondents to give adequate and sufficient police protection to the life and property of the petitioner and his family.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is an NRI and a director of Cochin International Airport Ltd. Petitioner had occasion to see the Ist respondent. The petitioner provided him a job on commission basis. Now, on 13.7.2010 when the petitioner was waiting outside Court IB of the High Court, the Ist respondent accompanied by 4 criminals threatened the petitioner that the petitioner has amassed wealth by taking over the respondent's business at Dubai and demanded Rs.4 WPC No.27243/2010 -2- crores. When the petitioner refused his demand he has given a last warning that if the money is not paid, he will finish the entire family and property of the petitioner. Petitioner filed Ext.P1 petition. 3. The first respondent has filed a counter affidavit. It is stated that the petitioner and Ist respondent are partners in business. Various other allegations are also raised. He has also denied the allegation regarding the incident on 13.7.2010. 4. We have already passed an interim order. In the circumstances of the case, we feel that, without going to the merits of the allegations which have been made by the parties against each other and making it clear that if the matter comes up before any Court/authority in a lis, that Court/authority is free to decide the matter untrammelled by anything contained in the judgment. We can direct that if the petitioner points out any specific threat from the Ist respondent before the 3rd respondent, the 3rd respondent shall look into it, and, if the threat is found to be genuine he shall afford adequate protection to the life of the petitioner as WPC No.27243/2010 -3- against the Ist respondent. Ordered accordingly. (K.M.JOSEPH) JUDGE. (P.BHAVADASAN ) JUDGE. MS