IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15497 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ 1. XAVIER GEORGE, AGED 40 YEARS, S/O.GEORGE, RESIDING AT PADIPARAMBIL LANE, H.NO.10/1310, AMARAVATHY, FORT KOCHI, ERNAKULAM DISTRICT. 2. SUNIL BABU, AGED 42 YEARS, S/O.CHOKKALAINGAM, RESIDING AT HOUSE NO.X/932B, MANTHRA ROAD,VELI, FORT KOCHI, ERNAKULAM DISTRICT-682001. BY ADV. SRI.BIBIN K.DIVAKARAN RESPONDENT(S): --------------------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, FORT KOCHI, ERNAKULAM. 3. THE SUB INSPECTOR OF POLIC, FORT KOCHI POLICE STATION, ERNAKULAM. 4. LANSON JOSEPH, AGED 29 YEARS, S/O.AUGUSTINE JOSEPH, H.NO.10/706/A, KURISINKAL HOUSE, AMARAVATHY, FORT KOCHI P.O, PIN 682 001. 5. ALBERT.V.S., AGED 42 YEARS, S/O.FANCIS, 9/89, VELUTHEDATH HOUSE, VELI, AMARAVATHY, FORT KOCHI P.O., 682 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.15497/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY. P2 COPY OF THE RECEIPT ISSUED TO THE 1ST PETITIONER BY THE COMPANY P3 COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER BY THE COMPANY. P4 COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST AND 2ND PETITIONES BEFORE THE CIRCLE INSPECTOR OF POLICE FORT KOCHI, DATED 29/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.15497 of 2011-J ***************************** Dated this the 16th day of June, 2011 JUDGMENT BASANT, J. Petitioners have come to this Court seeking issue of directions to respondents 1 to 3 under Article 226 of the Constitution of India to afford protection for the petitioners against the illegal, violent and contumacious conduct of respondents 4 and 5. 2. According to the petitioners, they had joined a project of a multilevel marketing company having its head office at Malaysia. The petitioners have invested amounts. Respondents 4 and 5 have also joined the said project. The company is not making payments. Respondents 4 and 5 are asserting that the petitioners are responsible for the predicament faced by them. They are demanding that the petitioners must pay amounts to them. They are threatening the petitioners that they shall indulge in contumacious and culpable conducts against the petitioners if the amounts due to them from the company are not paid by the petitioners. The petitioners are unable to make such payment. They apprehend physical violence from respondents 4 and 5. W.P(C) No.15497 of 2011-J 2 3. Service is complete. Respondents 4 and 5, though served, have not chosen to enter appearance. The learned Government Pleader after taking instructions from respondents 1 to 3 submits that a complaint was received from the petitioners raising allegations against respondents 4 and 5 regarding the money transaction. That complaint has been forwarded to the Aluva police, who have jurisdiction over the subject matter. In the perception of the police officials, there is no threat to the life or person of the petitioners from respondents 4 and 5. If there be any such threats, respondents 1 to 3 shall take necessary action to afford police protection to the petitioners. In these circumstances, it is not necessary to issue any specific directions, submits the learned Government Pleader on behalf of respondents 1 to 3. 4. We have considered all the relevant circumstances. We are satisfied that the submissions of the learned Government Pleader can be accepted and this petition can be disposed of. 5. In the result: a) This Writ Petition is allowed; b) We accept the submissions of the learned Government Pleader on behalf of respondents 1 to 3 and direct them to afford police protection to the petitioners in the event of any W.P(C) No.15497 of 2011-J 3 contumacious, culpable and violent conduct on the part of respondents 4 and 5 directed against the petitioners. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/