IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 28215 of 2010(B) PETITIONER(S) GOPAL PRASAD, S/O.GOPALAKRISHNA PILLAI, AGED 61 YEARS, HAVING PERMANENT RESIDENCE AT `USHUS', HOUSE NO.30, SREE NAGAR LANE, PARUTHIPPARA, MUTADA, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.P.J.SANTHOSH RESPONDENT(S) 1. STATE OF KERALA REPRESENTED BY ITS CHEIF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, THIRUVANANSTHAPURAM RANGE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE CIRCLE, VIZHINJAM, THIRUVANANTHAPURAM. 6. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM, THIRUVANANTHAPURMA. 7. REJI THOMAS MATHEW, PROPRIETOR, MULAMOOTTIL CONSTRUCTIONS, TC. NO.3/1014, PARUTHIPPARA, MUTTADA P.O., THIRUVANANTHAPURAM. ADV. SRI.LIJU.V.STEPHEN FOR R7 SRI.EBY AUGUSTINE FOR R7 SMT.INDU SUSAN JACOB FOR R7 GOVERNMENT PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.28215 of 2010 (B) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true photocopy of the agreement dated 22-04-2007 entered into between the petitioner representing his wife and M/S Mulamoottil Constructions represented by the 7th respondent. Ext.P2: A true photocopy of the representation dated 13-7-2010 submitted by the petitioner to the 3rd respondent. Ext.P3: A true photocopy of the complaint dated 02-08-2010 submitted by the petitioner to the 5th respondent. Ext.P4: A true photocopy of the representation dated 13-08-2010 submitted by the petitioner to the 3rd respondent. Ext.P5: A true photocopy of the plaint in O.S.No.825/2010 on the files of the Munsiff's Court, Neyyattinkara. Ext.P6: A true photocopy of the plaint in O.S.No.944/2010 before the Court of the Sub Judge, Thiruvananthapuram. RESPONDENT'S EXHIBITS: Ext.R7(a): True copy of the complaint ST No.710/2010 filed by 7th respondent before CJMC, Tvm dated 8-9-2010. Ext.R7(b): True copy of the lawyer notice issued to the petitioner dated 27-7-2010. Ext.R7(c): True copy of the complaint filed by the 7th respondent before the Commissioner of Police, tvm. dated 2-8-2010. Ext.R7(d): True copy of the acknowledgment receipt issued from the office of the Commissioner of Police dated 2-8-2010. Ext.R7(e): True copy of the plaint in O.S.No.944/2010 filed by the 7th respondent before the Sub Court, Tvm, dated 5-8-2010. Ext.R7(f): True copy of the attachment order in O.S.No.944/2010 of the 1st Additional Sub Court, Tvm. dated 8-8-2010. Ext.R7(g): True copy of the plaint in O.S.No.852/2010 filed by petitioner before the Munsiff's Court, Neyyattinkara. dated 17-8-2010. // True copy // P.A. to Judge A.K.BASHEER & K.M.JOSEPH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.28215 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of September 2010 JUDGMENT Basheer, J. The primary grievance of the petitioner is that respondent No.7 and his men and supporters are likely to endanger his life. 2. The dispute in this writ petition appears to have emanated from a building contract. It is the admitted position that petitioner had entrusted respondent No.7 with the construction of his commercial complex and huge amounts have been allegedly spent by him for the said purpose. 3. In his counter affidavit, respondent No.7 has stoutly denied the accusation made against him by the petitioner. According to this respondent, the petitioner is in fact posing threat to his life. According to him, the attempt of the petitioner is to find out some excuse to withhold payment of the amounts due to him. Respondent No.7 further alleges that the only motive appears to be to obtain an order of police protection from this court and carry out the construction of the building with the help of another contractor. 4. Anyhow, we do not propose to go into all these allegations and counter allegations made by the parties against each other, since two suits are admittedly pending before the civil court. Learned counsel for W.P.(C)No.28215 OF 2010 :: 2 :: respondent No.7 submits that neither he nor his workers/supporters will cause any threat to the life of petitioner as alleged by him. The writ petition is closed recording the above submission. A.K.BASHEER, JUDGE K.M.JOSEPH, JUDGE jes