IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 20679 of 2010(H) ----------------------------------------- PETITIONER(S): ------------------------- 1. SUBHASHINI.J, SUBHA NIVAS, KODANGAVILA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. VIJAYA BOSE.T.S, THOPPIL, MANROTHURUTHU.P.O, THIRUVANANTHAPURAM. 3. PREMALATHA.T, T.C.1/770, 'HAMSADHWANI', SANTHI NAGAR, NEAR STATION KADAVU, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 4. VAMADEVAN.K.K, KARUTHALA HOUSE, KUNNATHOOR EAST.P.O, THIRUVANANTHAPURAM. 5. V.BABY, KINNATTUVILAKAM, DERETTIL, MOONGODE, THIRUVANANTHAPURAM. 6. K.G.PADMAKUMARI, REVATHI, E.V.ROAD, MUNDYATHI, PERINGANAD.P.O, PATHANAMTHITTA. 7. VASANTHA KUMARI, FCI KOLLAM, KOLLAM-691 001. BY ADVS. SRI.C.S.ABDUL SAMMAD, SRI.V.D.BALAKRISHNA KARTHA. Kss ..2/- ..2.... WPC.NO.20679/2010 H RESPONDENT(S): --------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. SUB INSPECTOR OF POLICE, SASTHAMKOTTAH, KOLLAM. 3. SUB INSPECTOR OF POLICE, EAST KALLADA, KOLLAM. 4. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 5. SUB INSPECTOR OF POLICE, ADOOR. 6. CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 7. ICICI HOME FINANCE CO.LTD., TC 25/2491 (2) IST FLOOR, ICICI BANK LTD., M.G.ROAD, THIRUVANANTHAPURAM-REPRESENTED BY ITS GENERAL MANAGER - 695 001. 8. KOTAK MAHINDRA BANK LTD., VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 001. R1 TO R6 BY GOVERNMENT PLEADER SMT. CHARISMA R7 & R8 BY ADVS. SRI.KKM.SHERIF, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.V.R.REKESH, SRI.V.S.SHIRAZ BAVA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20679/2010 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DTD. 19/09/2009 SUBMITTED BY THE 1ST PETITIONER TO THE SUB INSPECTOR OF POLICE, NEYYATTINKARA. P2: COPY OF THE PETITION DTD. 30/06/2010 SUBMITTED BY THE 2ND PETITIONER TO THE SUB INSPECTOR OF POLICE, EAST KALLADA. P3: COPY OF THE PETITION DTD. 28/04/2010 SUBMITTED BY THE 4TH PETITIONER TO THE SUB INSPECTOR OF POLICE, SASTHAMKOTTAH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.20679 of 2010 ---------------------------------------- Dated this the 18th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st to 6th respondents to afford adequate and effective police protection to the life and property of the petitioners and their family from the respondents 7 and 8 and their henchmen. 2. Briefly put, the case of the petitioners is as follows: 3. The petitioners have availed loan from the ICICI Bank. It is alleged that there was some default in repayment. The complaint is that the 8th respondent has sent goondas and is threatening the petitioners. It is also stated that the petitioners have filed W.P.(C) No.35724/2008 which is pending. The petitioners rely on decision in Sabu v. Assistant Commissioner, Cantonment Police and others [2008(3)KHC 849]. W.P.C.No.20679 of 2010 2 4. Counter affidavit has been filed by the 8th respondent wherein it is inter alia stated that he has not sent any goondas to the residence of the petitioners and threatened them. He has taken action, in accordance with law. The learned Government Pleader would submit that the allegation of threat is not correct. 5. Taking note of the fact that there is no threat, as alleged, the writ petition is closed. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.20679 of 2010 3 W.P.C.No.20679 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010