IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 22386 of 2010(W) -------------------------- PETITIONER: --------------- AFSAL V.U., AGED 30, S/O.USMAN, RESIDING AT VALLEPPILLY HOUSE, EDAPPALLY TOLL, COCHIN-24. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY CIRCLE, KALAMASSERY, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KAMALASSERY POLICE STATION, ERNAKULAM. 3. MOHAN, BRANCH MANAGER, CANARA BANK, VAZHAKALA, BMC P.O., KAKKANAD. GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1&2 SRI. N SUBRAMANIAN SRI. P.M. MURICKEN, SC FOR CANARA BANK FOR R3 SRI.SAJEEV BHASKAR FOR R3 SRI.M.S.NARAYANAN FOR R3 SRI.P.T.GIRIJAN FOR R3 SMT.USHA NARAYANAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22386 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : THE TRUE COPY OF THE RECEIPT DATED 15.7.2010 ISSUED BY CANARA BANK, VAZHAKALA BRANCH IN ACCOUNT NO. 330721000001 EXT.P2 : TRUE COPY OF THE RECEIPT DATED 16.7.2010 ISSUED BY CANARA BANK, VAZHAKALA BRANCH IN ACCOUNT NO. 3307201000001 EXT.P3 : TRUE COPY OF THE COMPLAINT DT.15.7.2010 SUBMITTED BY THE PETITIONER. EXT.P4 : TRUE COPY OF THE STATEMENTS OF ACCOUNTS PERTAINING TO ACCOUNT NO. 3307201000001 OF THE ACCOUNT MAINTAIN BY PETITIONER'S PROPRIETORSHIP CONCERN BY NAME UNIQUE TRADERS FOR THE PERIOD 15.2.2010 TO 16.7.2010. EXT.P5 : TRUE COPY OF THE RECEIPT FOR A SUM OF RS.10,000/- DT.17.7.2010 ISSUED BY CANARA BANK, VAZHAKALA BRANCH IN ACCOUNT NO.3307201000001 EXT.P6 : TRUE COPY OF THE RECIEPT FOR A SUM OF RS.10,000/- DT.19.7.2010 ISSUED BY CANARA BANK VAZHAKALA BRANCH IN ACCOUNT NO. 3307201000001 EXT.P7 : TRUE COPY OF THE STATEMENTS OF ACCOUNTS DT.23.7.2010 BY CANARA BANK, KAKKANADU BRANCH. EXT.P8 : TRUE COPY OF THE LETTER OF RENEWAL OF WORKING CAPITAL FACILITY DT.26.11.2008 ISSUED BY AXIS BANK TO THE PETITIONER. RESPONDENTS EXHIBITS: NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 22386 of 2010 W - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court for a direction to respondents 1 and 2 to give adequate protection to the petitioner and his family. 2. Briefly the case of the petitioner is as follows. Petitioner is the Proprietor of Unique Traders, which is keeping an account with the Canara Bank, Vazhakala. The Proprietary concern started an account with the bank at the request of the Manager. The firm submitted two cheques. The third respondent, Branch Manager, informed the petitioner that the said cheques were dishonoured. Subsequently, on 15.7.2010 without adopting due legal W.P.(C).No. 22386 of 2010 2 procedure to recover the amount, the third respondent, along with his henchmen, came to the house of the petitioner and threatened the wife and mother of the petitioner, who were alone in the house. They uttered filthy language and cautioned that they will destroy the reputation of the petitioner. 3. A counter affidavit is filed by the third respondent, denying the allegations. A reply affidavit is also filed. 4. We heard learned counsel for the parties, including the learned Government Pleader. 5. Learned counsel for the third respondent brings to our notice that the complaint filed by the petitioner (Ext.P3) is dated 15.7.2010 and the Writ Petition was filed on 16.7.2010. This is even without giving the police necessary time to take action on Ext.P3. He would further submit that the third respondent has no intention to cause any threat to the life of the petitioner. W.P.(C).No. 22386 of 2010 3 6. We record the said submission and close this Writ Petition. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm