IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19011 of 2011(B) ----------------------------------------- PETITIONER(S): ------------------------ SHAHUL HAMEED, S/O.MAIDEEN PILLAI, AGED ABOUT 60 YEARS, TC 49/410(5), SNRA 96, "SULFIA", KUTHUKALLIMOODU, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA. RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, FORT PS, THIRUVANANTHAPURAM. 695 014. 2. THE SUB INSPECTOR OF POLICE, FORT PS, THIRUVANANTHAPURAM. 695 014. 3. HAJA, S/O.SULAIMAN, TC 49/5209(A), BISMI AGENCY BUILDINGS, MUTHUKALLINMOODU, MANACAUD P.O., THIRUVANANTHAPURAM. 695 009. 4. SHIVAPRASAD, 'LAKSHMY FINANCE', AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM. 695 026 5. SREEKUMAR, S/O.MADHAVAN, "SREEBHAVAN', PARAVILA, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. 695 027. R1 & R2 BY GOVERNMENT PLEADER SRI. VIPINDAS R3 & R5 BY ADVS. SRI.M.BALAGOVINDAN, SRI.M.ANILKUMAR. R4 BY ADVS. SMT.SREEDEVI KYLASANATH, SMT.SHALEENA RAJAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19011/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DTD. 8/07/2011. P2: COPY OF THE NEWS PAPER REPORT DTD. 18/06/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 19011 of 2011 --------------------------------- Dated this the 25th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Petitioner has approached this court seeking protection for his life and for the lives of his family members. According to him, he owes money to respondents 3 to 5 in connection with hand loans which he had availed from them for the construction of a shopping complex. He had given cheques also to respondents 3 to 5. Those respondents instead of presenting the cheques for encashment are causing threats to the life of the petitioner and the lives of the petitioner's family members with the intention of recovering the amounts other than due process of law. Eventhough service of notice is completed on respondents 3 to 5, only the 4th respondent is before us. 2. Smt. Sreedevi Kylasanath, learned counsel for the 4th respondent submitted that the 4th respondent intends only to recover the amounts that are lawfully due to him from the petitioner in a lawful manner. According to him, the cheques WP(C).19011/2011 2 issued by the petitioner will in all probability be presented by the 4th respondent today. While considering the writ petition for admission on 20.7.11 we passed an interim order addressing the Sub Inspector of Police, Thiruvananthapuram to give adequate protection for the life of the petitioner and members of his family in case he is informed of any threat. We confirm the above interim order and dispose of the writ petition clarifying that it will be open to respondents 3 to 5 to present the cheques if any issued by the petitioner in their favour for encashment. If the cheques are dishonoured, those respondents can initiate proceedings under section 138 of the Negotiable Instruments Act. In short respondents 3 to 5 will have liberty of recovering the amount due to them in accordance with law. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).19011/2011 3