IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 10667 of 2010(G) ------------------------------------- PETITIONER(S): --------------------- JAMES PHILIP,AGED 45 YEARS, S/O. PHILIP, VALIYATHARAYIL ST.ANTONY'S VILLA, AKSHAYA GARDENS, CHEROOR ROAD, THRISSUR. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): ------------------------ 1. MINISTRY OF OVERSEAS INDIAN AFFAIRS, REP. BY SECRETARY, 9TH FLOOR, AKBAR BHAVAN, CHANAKYAPURAI, NEW DELHI-110021. 2. THE SECRETARY, NORKA, GOVT. SECRETARIAT THIRUVANANTHAPURAM, KERALA 695001. 3. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER), THIRUVANANTHAPURAM. 4. ABHILASH, EMIRATES BANK, SOUTH INDIAN AGENCY, CHAKYATH BUILDING, OPPOSITE DEEPA THEATRE, RAVIPURM, ERNAKULAM. R2 & R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.SHAJI P.CHALY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10667/2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT. EXT.P2. TRUE COPY OF THE LETTER DATED 8.9.2008 ISSUED BY THE COMPANY. EXT.P3.TRUE COPY OF THE CONTRACT DATED 25.9.2008. EXT.P4.TRUE COPY OF THE NOTICE OF TERMINATION OF EMPLOYMENT DATED 5.2.2009. EXT.P5.TRUE COPY OF THE REPRESENTATION DATED 11.3.2010. EXT.P6.TRUE COPY OF THE ACKNOWLEDGEMENT CARDS. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.10667 of 2010-G ---------------------------------------------- Dated, this the 26th day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent to provide necessary police protection to the life of the petitioner and his family members and also ensure the peaceful life of the petitioner. ii) to issue a writ of mandamus or any other writ order or direction directing the respondents 1 and 2 to ensure freedom to the petitioner to carry on the employment according to his wishes either in India or abroad without any interference whatsoever from the officials of Emirates Bank or their men and agents.” 2. Briefly put, the case of the petitioner is that petitioner was working abroad and he lost his job because of the global problem faced by thousands of non-resident Indians. He had availed a loan upon the instigation of the representative of Emirates Bank in Abudhabi. Petitioner was compelled to leave Abudhabi. Now, allegations are raised against the 4th respondent who claims to be the representative of Emirates Bank in South India. It is alleged that he is exerting threat towards the petitioner. Petitioner filed complaint. WPC 10667/2010 -2- 3. We heard the learned counsel for the petitioner, learned counsel for the 4th respondent and also the learned Government Pleader. Learned counsel for both the parties submit that there has been some settlement and pursuant to the same Rs.6,28,000/- has been paid by the petitioner. Learned counsel for the 4th respondent submits that there will be no threat by the 4th respondent against the petitioner. It is submitted by the learned counsel for the 4th respondent that on account of the debt there was prohibition against the petitioner from entering or staying in Abudhabi and gulf countries. Now, in view of the arrangement which has been partly honoured by the petitioner, the said embargo has been lifted. We record the above submissions of the learned counsel for the 4th respondent and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS