IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31142 of 2010(P) ----------------------------------------------- PETITIONER(S): --------------------- 1. SUBRAMANIAN, RESIDING AT THAMPI NIVAS, PALLURUTHY, COCHIN-6. 2. DILEEP SUBRAMANIAN, RESIDING AT THAMPI NIVAS, PALLURUTHY, COCHIN-6. BY ADV. SRI.BASIL JOY RESPONDENT(S): ----------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY, COCHIN – 6. 2. THE SUB INSPECTOR OF POLICE, PALLURUTHY, COCHIN-6. 3. JERRY DECRU'Z, RESIDING AT CC.18/120, NEAR PULLIMUTT BRIDGE, PALLURUTHY, COCHIN-6. 4. JEFFRIN DECRU'Z, RESIDING AT CC.18/120, NEAR PULLIMUTT BRIDGE, PALLURUTHY, COCHIN-6. 5. LINCY, W/O.JEFFRIN,RESIDING AT CC.18/120 NEAR PULLIMUTT BRIDGE, PALLURUTHY, COCHIN-6. 6. MAJI DECRU'Z, W/O.JERRY DECRU'Z, RESIDING AT CC.18/120, NEAR PULLIMUTT BRIDGE, PALLURUTHY, COCHIN-6. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 31142 OF 2010 P ------------------------------------------ Dated this the 15th October, 2010. JUDGMENT K.M. Joseph, J. Petitioners have approached this Court seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction compelling respondents 1 and 2 to render adequate and sufficient police protection to the life of the petitioners from the atrocities and threats of respondents 3 to 6.” 2. Briefly put, the case of the petitioner is as follows: Petitioners are conducting a saw mill near Pulimoottu Bridge, Palluruthy. Respondents 3 to 6 are residing very near to the saw mill. Under the influence of other saw mill owners very near to it, from the beginning of starting of the saw mill by the petitioners, false complaints have been lodged. But, the Authorities have not WPC.NO.31142/2010 P 2 found any truth upon these complaints. Later, the fifth respondent, a lady was asked to file false complaint and to pressurise the petitioners to withdraw the complaints pending against her husband and father-in-law in Magistrate Courts. It is alleged that respondents 3 to 6 have filed false complaint against the petitioners before different Authorities. But, nobody found any guilt upon these persons. It is alleged that respondents 3 to 6 are threatening the petitioners saying that they will file complaints against the petitioners by using the fifth respondent. Petitioners are afraid that the fifth respondent may misuse her status as a lady to harm the reputation of the petitioners by filing false complaints. 3. We heard the learned counsel for the petitioners and the learned Government Pleader. Learned Government Pleader submits on instructions that there is no threat as such to the life of the petitioners. Several complaints have been lodged against the first petitioner by the party respondents. 4. We do not see how we can be persuaded to issue a WPC.NO.31142/2010 P 3 direction to give police protection on the ground that complaints have been filed against the petitioners. If false complaints are being filed, the petitioners have remedies available in law. Without prejudice to any of the remedies available to the petitioners in law and further directing that if any complaint is filed by the petitioners disclosing commission of any cognizable offence by the party respondents, action in accordance with law shall be taken. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. WPC.NO.31142/2010 P 4