IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16006 of 2011(A) -------------------------------------- PETITIONER(S): ----------------------- SOLAMAN.V.J., AGED 43 YEARS, S/O.JOHN V.G., X/980A, VALAYIL HOUSE, NEAR FORT AUTOMOBILES, FORT KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM-31. 2. CIRCLE INSPECTOR OF POLICE, FORT KOCHI, ERNAKULAM-01. 3. SUB INSPECTOR OF POLICE, FORT KOCHI POLICE STATION, FORT KOCHI, ERNAKULAM-01. 4. ANTONY AIZAL, S/O.C.J.MICHLE, CHATHAMVELI HOUSE, AROOR.P.O., ALAPPUZHA DISTRICT. 688 534. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16006/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY. P2:- COPY OF THE RECEIPTS ISSUED TO THE PETITIONER BY THE COMPANY. P3:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 30.5.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.16006 OF 2011 ............................................. Dated this the 22nd day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 3, all police officials, against illegal, culpable and violent acts which are apprehended from respondent No.4. 2. According to the petitioner, he is a businessman. He had joined the business activities of a foreign company by name Unipay 2U. That company had collected money. The petitioner had also invested amounts. Some others had also invested amounts. The company has now not honoured its commitments. The petitioner is aggrieved against the company. The other persons, who have joined the venture, are also aggrieved, but those persons are making allegations against the petitioner and in an attempt to get their claims settled, they are resorting to contumacious, culpable and violent conduct against the petitioner. The petitioner in W.P.(C).NO.16006 OF 2011 : 2 : these circumstances seeks directions under Article 226 to afford protection to the petitioner against such contumacious and culpable acts on the part of persons like the 4th respondent. 3. The 4th respondent has been served. There is no appearance for the 4th respondent. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that in the perception of the police officials there is no threat whatsoever to the life or person of the petitioner from any one. The learned Government Pleader submits that it is true that there are allegations against the petitioner of involvement in questionable monetary transactions. No formal complaint has been received. The petitioner is not an accused in any crime. The police do not apprehend any contumacious conduct on the part of the 4th respondent or others against the petitioners. If there be any such apprehension, the petitioner can complain and if such complaint be genuine, the police shall take necessary action to prevent any danger to the life or person of the petitioner. No specific directions under Article 226 are W.P.(C).NO.16006 OF 2011 : 3 : necessary in these circumstances, submits the learned Government Pleader. 5. We have considered all the relevant inputs. We are persuaded to agree with the submissions of the learned Government Pleader. 6. In the result: a. The submission of the learned Government Pleader that, if there be any threat to the life or person of the petitioner from the 4th respondent or any others, the petitioner can complain and thereupon proper action shall be taken, if the complaint is genuine is recorded and accepted. b. In the light of that submission of the learned Government Pleader, no further specific directions are necessary. c. This petition is, accordingly, dismissed with the above observations. Sd/- R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl /true copy/ P.S. to Judge.