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 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 13731 of 2010(N) -------------------------------- PETITIONER(S): ----------------- L.N.POTTY,AGED 53 YEARS, S/O.VENKITACHALAM POTTI, FLAT NO.H-3,ANJANEYA APARTMENTS,TRIPUNITHURA. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------- 1. CITY POLICE COMMISSIONER, KOCHI CITY. 2. CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. 3. MOHAMMED IQUBAL, AGED ABOUT 50 YERAS, NAZEEM MANZIL,ASRAMAM,KOLLAM - 2. 4. M.H.NIZAM,AGED ABOUT 40 YEARS, RANEEF AUTOMOBILES, PUZHAYATTINKUZHI, THATTAMALA P.O. TRIVANDRUM,KOLLAM MAIN ROAD,KOLLAM. WP(C).No. 13731 of 2010(N) -2- 5. ABDUL HAKKIM, AGED 45, RANEEF AUTOMOBILES, PUZHAYATTINKUZHI, THATTAMALA P.O., TRIVANDRUM - KOLLAM MAIN ROAD, KOLLAM. ADV. SRI.P.B.SURESH KUMAR FOR R3 TO 5 SRI.LEO GEORGE FOR R3 TO 5 GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF COMPLAINT DATED 15/03/10 BEFORE THE 2ND RESPONDENT CIRCLE INSPECTOR OF POLICE. RESPONDENTS' EXTS EXT.R3(a):- TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 09/02/10. EXT.R3(b):- TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 25/02/10. EXT.R3(c):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 11/03/10. EXT.R3(d):-TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF MONEY TO THE ACCOUNT OF THE PETITIONER DATED NIL. EXT.R3(e):-TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF MONEY TO THE ACCOUNT OF THE PETITIONER DATED NIL. EXT.R3(f):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 29/08/06. EXT.R3(g):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 06/02/10. EXT.R3(h):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 09/02/10. EXT.R3(i):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 29/08/06. EXT.R3(j):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 01/10/07. EXT.R3(k):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 09/02/10. EXT.R3(l):-TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 18/02/10. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.13731 of 2010 ------------------------------------------------ Dated this the 17th day of October, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition seeking police protection for the lives of the petitioner and his family members from the alleged illegal actions from respondents 3 to 5, this Court did not become inclined to issue any interim order. Sri.N.K.Mohanlal, the learned counsel for the petitioner submitted that for recovery of the amounts allegedly due from the petitioner to the respondents they are taking law into their hands. The learned senior Government Pleader Sri.M.K.Aboobacker on the basis of the instructions received submitted that the dispute between the parties is over recovery of certain amounts due by the petitioner to the respondents. But there is no law and order situation presently arising out of the above dispute. We record the above submissions of the learned Government Pleader and W. P. C. No.13731 of 2010 -2- direct the 2nd respondent to conduct due enquiries if in future it is reported to him that the dispute between the petitioner and the party respondents has given rise to any law and order situation or violence. If the enquiry reveals that what is reported is correct the 2nd respondent either directly or through the Sub Inspector of Police shall take appropriate action. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-