IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 13282 of 2008(F) ---------------------------------------- PETITIONER: --------------------- RUHI REHMAN, AGED 39 YEARS, W/O.HAFEEZUR RAHMAN, THENGUVILAYIL ALEX VILLA, PUTHUSSERIKONAM, EZHUKONE, KOLLAM DIST. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ------------------------- 1. SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, EZHUKONE, KOLLAM. 3. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 4. G.KUMAR, S/O.GOPALA PILLAI, KUMAR BHAVANAM, MAMOODU, CHANDANATHOPE PO., KOLLAM. 5. RAJAN VARGHESE, ISWARYA, CHEERANKAVU, EZHUKONE, PO KOLLAM. 6. P.V.MAHADEVAN, PRAGATHI,JAWAHAR NAGAR 160, PATTATHANAM, KOLLAM. 7. GEORGE CHERIAN ALIAS MANI, S/O.K.K.CHERIAN, KAIPALLIL, NEDUMPAIKKULAM, KUNDARA PO KOLLAM. 8. KUNJU KUNJU, KALLUVILA HOUSE, CHERUVAKKAL PO AYOOR KOLLAM. Kss ..2/- ..2.... WPC.NO.13282/2008 F 9. JESSY NINAN PANICKER W/O.NINAN PANICKER, KUNNUVILA PUTHEN VEEDU, KAKKOLIL, CANAL ROAD (NEAR L.M.S.HOSPITAL KUNDARA, KOLLAM. 10. MATHEW JOHN, L.I.C.AGENT, CHEERANKAVU, NEDUMPAIKKULAM, KUNDARA PO KOLLAM. 11. M.ANANDAN, CHITHRALAYAM, EDAVATTOM, VELLIMON PO, KOLLAM. 12. N.RAVINDRAN PILLAI, RANJINI, VARATTUCHIRA, VELLIMON PO, KOLLAM. 13. THOMAS PANICKER, PUTHENVILA VEEDU (NEAR L.M.S. HOSPITAL) KUNDARA PO KOLLAM. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.S.R.AJITH - R4,5,7,10,11,13 SRI.JIJO GEORGE - R4,5,7,10,11,13 SRI.K.SANIL KUMAR - R.9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13282/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF COMPLAINT FILED BY PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF RECEIPT ISSUED FROM THE POLICE STATION DD.28/07/07. EXT.P3: COPY OF HOSPITAL BILL DTD. 7/04/2008. EXT.P4: COPY OF F.I.R. AND F.I.S. DTD. 5/04/08 REGISTERED BY EZHUKONE POLICE STATION. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)No. 13282 OF 2008 ============================ Dated this the 12th day of June 2008 JUDGMENT Balakrishnan Nair,J. The petitioner seeks protection for the life of the petitioner and her family members . The petitioner's husband who was a businessman took personal loans from several persons. Since his business has failed, he could not repay the loan amount. He has, therefore, gone underground. The persons who advanced loans to the petitioner's husband are coming to her house threatening and harassing her. Respondents 7 and 10 came to her house in July 2007 and took away a computer. She filed Ext.P1 representation against the same before the police on 28-7-2007. But no action has been taken. Later, 5th respondent on 2-4-2008 trespassed into her house and manhandled her. Based on that incident, Ext.P4 crime has been registered by the police. This writ petition was filed on 17-4-2008 seeking police protection. But we notice that no petition has been filed before the police seeking protection. 2. The party respondents have filed a counter affidavit denying WPC.13282/2008 -2- all the allegations against them. They submitted that a few of cases filed by them under Section 138 of the Negotiable Instruments Act against the petitioner are pending before the competent court at Kollam. They also denied the allegations of physical threat, violence etc. against the petitioner . The police protection is sought based on a petition filed before the police in July 2007. That petition is not a petition seeking protection for the life of the petitioner. In the absence of any motion before the police requiring police protection and their refusal to grant the same, no relief would be granted to the petitioner in this writ petition. Accordingly, this writ petition is dismissed. If any cause of action arises in future, she will be free to approach this Court again K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.