IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 14554 of 2011(T) -------------------------------------- PETITIONER: ------------------- SANDHYA.P,AGED 35 YEARS, W/O.HARISREESHAN,UPPOT HOUSE,TEMPLE STOP, CHALAD.P.O,KANNUR DISTRICT-670 014. BY ADV. SRI.M.V.LALU MATHEWS. RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, (LAW & ORDER),THIRUVANANTHAPURAM-1. 2. THE COMMISSIONER OF POLICE,KANNUR, PIN-670 002. 3. THE CIRCLE INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION,KANNUR, PIN-670 002. 4. THE SUB INSPECTOR OF POLICE,KANNUR TOWN POLICE STATION,KANNUR,PIN-670 002. *ADDITIONAL RESPONDENTS 5 AND 6 IMPLEADED: *5. VIPIN.M.C, AGED 32 YEARS, S/O. ARAVINDAKSHAN, VALIYA NIVAS, NEAR MAYYALA PEEDIKA, CHOWWA.P.O, KANNUR DT., PIN – 670 006. W.P.(C). NO.14554/2011-T: *6. JAYESH.P, AGED 33 YEARS, S/O. NARAYANAN, JAYESH BHAVAN, NEAR KANIYIL PALAM, CHALAD.P.O., KANNUR – 14. *ADDITIONAL RESPONDENTS 5 AND 6 IMPLEADED AS PER ORDER DATED 02/06/2011 IN I.A. 8347/11. R1 TO R4 BY GOVT. PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14554/2011-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CIRCLE INSPECTOR OF KANNUR TOWN. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14554 of 2011 ------------------------------------------- Dated this the 9th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to afford protection to her against illegal, culpable, contumacious and violent conduct directed against her by persons including respondents 5 and 6. 2. According to the petitioner, the petitioner has also been induced to participate in the activities of UNIPAY International Limited and VISAREV Multi-marketing Company. According to the petitioner, she has absolutely nothing to do with the Management of the said business and she was also an innocent subscriber to the project of the said companies. The petitioner had honestly enrolled members, but now the company is not able to meet its commitments. The petitioner is also aggrieved, but those who have joined the project after the petitioner are unnecessarily vexing and harassing her. Police is guilty of WPC No.14554/2011 2 inaction. In these circumstances, the petitioner has come to this Court seeking issue of directions for police protection. 3. Respondents 5 and 6 though served have not chosen to enter appearance. The learned Government Pleader after taking instructions submits that in the perception of the police, there is no threat to the life or person of the petitioner. To a pointed question by this Court, the learned Government Pleader submits that at the moment, the petitioner has not been arrayed as an accused in any crime. The learned Government Pleader points out that crimes are registered at various Police Stations and investigation is going on into the activities and the projects of the said companies. The person referred to by the petitioner in Ext.P2, one Abdul Aziz is an accused in one such crime. The learned Government Pleader submits that there is absolutely no necessity to permit the petitioner to arm herself with an order of police protection now. If there be any complaint of any illegal, culpable or violent acts on the part of any one including respondents 5 and 6 against the petitioner, the petitioner WPC No.14554/2011 3 shall be at liberty to complain to the local police who shall take appropriate and necessary action in this regard. The learned Government Pleader submits that before investigation into the crimes against the said Abdul Aziz and others is complete, it is not possible to authentically submit whether the petitioner would be wanted in any such case. At any rate, there is no need for any apprehension on the part of the petitioner. Her genuine complaints, if any, can be lodged before respondents 3 and 4 and they shall take necessary action in the matter to protect the life and person of the petitioner. 4. We accept the submissions of the learned Government Pleader. Accepting the submissions of the learned Government Pleader, this writ petition is dismissed. SD/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE WPC No.14554/2011 4 WPC No.14554/2011 5 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14554 of 2011 ------------------------------------------- Dated this the 2nd June, 2011 ORDER Basant, J. I.A.No.8347 of 2011 Heard. Allowed. additional respondents 5 and 6 are impleaded. WPC No.14554 of 2011 Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 4. Issue notice to additional respondent Nos.5 and 6. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondent Nos.5 and 6 by special messenger. Verify service and call again on 9.6.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE WPC No.14554/2011 6 css/