IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 37857 of 2009(B) ---------------------------------- PETITIONER(S): ------------------- P.V.SUDHAKARAN, S/O.LATE M.VELAYUDHAN, AGED 40 YEARS, MANAGING DIRECTOR, M/S.SREE LAKSHMI KURIES & LOANS (P) LTD., SREE LAKSHMI TOWER, EAST FORT MAIDAN, PALAKKAD. BY ADVS. SRI.JACOB SEBASTIAN SRI.S.SANTHOSH KUMAR (BALARAMAPURAM) RESPONDENT(S): --------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION. 3. N.KATHIRVEL, S/O.NATARAJ, ARIYANDATH HOUSE, KADAMPAZHIPURAM., PALAKKAD. 4. MATHAI.T.ABHARAM, S/O.T.C.ABHARAM, THANNIMUNDAKATTIL HOUSE, KANTHIKULAM, PALAKKAD. 5. R.GANESAN, S/O.RAMAIYER, GANAPATHI NIVAS, PARLI P.O., PALAKKAD. 6. T.THANKAPPAN, S/O.RAMAN, KAMALALAYAM, VADASSERY P.O., KERALASSERY, PALAKKAD. 7. HUSSAIN.K., S/O.MOIDHUNNI, KUNNATH HOUSE, PARAL, THOOTHA. svs .............2/-... ...2... WP(C).No. 37857/2009(B) 8. SIVASANKARAN, PUTHANVEETTIL HOUSE, NEAR GOVT.HIGHER SCHOOL, KRISHNAPADI, NELLAYA. 9. RAMESH K.R., S/O.RAMAN NAMBOOTHIRI, KALOOR MANA, AMBALAPARA, PALAKKAD. 10. SASIKUMAR, KARAPARAMBIL HOUSE, KOTHAKURISSI. 11. HARIDASAN, S/O.RAMAN, VARAPALLIYALIL HOUSE, KALLUVAZHY, PALAKKAD. 12. SURYA CHANDRAN, S/O.AYYAPPAN, PUTHUKULANGARA HOUSE, CHERAKODE P.O., VALLAPUZHA, PALAKKAD. R8 BY ADV. SMT.T.D.RAJALAKSHMI R9 & 10 BY ADV. SRI.R.SREEHARI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 37857/2009(B) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION DATED 28/03/1996 OF M/S. SREELAKSHMI KURIES AND LOANS PRIVATE LIMITED. P2: COPY OF THE PETITION DATED 15/12/2009 SUBMITTED BEFORE THE 1ST RESPONDENT WITH COPY MARKED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 37857 OF 2009 B ----------------------------------------------------------- Dated this the 1st March, 2011. JUDGMENT Basant, J. The petitioner, a managing director of a finance company has come to this Court seeking issue of directions under Art.226 to respondents 1 and 2 police officials to afford police protection to the petitioner against culpable, contumacious and violent acts of respondents 3 to 11. According to the petitioner the company is in financial difficulties due to various reasons. The company owes amounts to respondents 3 to 11. Respondents 3 to 11 demanding money due to them are vexing and harassing the petitioner. They are taking law into their hands. Petitioner apprehends danger to his life and person from respondents 3 to 11. 2. The petition was filed as early as on 31-12-2009. Interim directions were issued on 13-1-2010 to the police affording necessary protection for the petitioner's life. Counsel has entered appearance for respondents 3 to 11. Learned counsel for the petitioner as also learned counsel for respondents 3 to 11 WPC 37857/2009 2 submit that the company has now gone into liquidation. The learned counsel for respondents 3 to 11 submits that the petitioner need not apprehend any threat to his life or person. Respondents 3 to 11 shall only resort to legal steps for recovery of amounts due to them. In these circumstances there is no necessity to issue any directions under Art.226 submits the learned counsel for respondents 3 to 11. 3. The learned Govt. Pleader after taking instruction submits that it is true that interim orders have been in force from 13-1-2010. But the police do not perceive any threat to the life or person of the petitioner. The company has gone into liquidation subsequently and there cannot now be any threat to the life or person of the petitioner. If there be any threat, necessary police protection shall be afforded to the petitioner by respondents 1 and 2. In these circumstances it is submitted that proceedings can now be closed. 4. We have considered all the relevant circumstances. We do not perceive any threat to the life or person of the petitioner. We accept the submission of the counsel for respondents 3 to 11 that respondents 3 to 11 shall not pose any threat to the life or person of the petitioner. We accept the submission of the WPC 37857/2009 3 learned Govt. Pleader on behalf of respondents 1 and 2 that if there be any threat necessary protection shall be afforded. We are in these circumstances satisfied that no specific directions need now be issued. This writ petition is these circumstances dismissed after recording the above submissions. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 37857/2009 4