IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 26597 of 2008(N) ---------------------------------- PETITIONER: ------------------ R.S.MONY, S/O.LATE R.RAMARAJ TC.29/883, N.P.P.LANE PALKULANGARA, PETTAH PO., THIRUVANANTHAPURAM. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: ---------------------- 1. CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM 2. ASSISTANT COMISSIONER OF POLICE, CONTONMENT, THIRUVANANTHAPURAM 3. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, POOJAPPURA, THIRUVANANTHAPURAM 4. BALAGOPAL, ANASWARA, VAZHAVILA, OOKODU. P.O, VELLAYANI, THIRUVANANTHAPURAM-20 5. CHANDRA MOHAN, VENPAKAL GARDENS TC.12/1247-1, VARAMBESSERY ROAD, KUNNUKUZHI PO, THIRUVANANTHAPURAM. R1 TO R3 - BY SR.GOVT.PLEADER SRI.BENJAMIN PAUL. R4 & 5 - BY ADV. SRI.M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 26597 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2008 Judgment Basheer, J: Petitioner is stated to be working as a Computer Consultant. He apprehends threat to his own life and that of his wife and son at the hands of respondents 4 and 5. He further alleges that the Police is harassing him at the behest of respondent No.4. Therefore petitioner prays for issue of a writ of mandamus or such other appropriate writ, order or direction to respondents 1 to 3 to give adequate police protection to the life of the petitioner and members of his family from respondents 4 and 5 and their men. There is a further prayer to issue a direction to respondents 1 to 3 not to harass the petitioner or pressurise him to pay any amount to respondent No.4. 2. In the counter affidavit filed by respondents 4 and 5 the allegations are refuted and denied. However it is asserted by these respondents that the late father of the petitioner owed some money to them. It is on record that the petitioner has filed Exts.P1 and P2 complaints against respondent No. 4 and some others. It is also brought to our notice that respondents No.4 had filed a complaint against the petitioner. 3. If the complaints filed by the petitioner and/or respondents 4 and 5 are pending before the Police, necessarily the Police has the liberty to investigate those cases. But that does not mean that the Police officials should harass the : 2 : petitioner. If the petitioner has to be questioned in connection with any case, necessarily he has to be served with notice. We do not find any reason to assume that the Police authorities will not comply with the procedure prescribed under law. 4. The submission made by learned counsel for respondents 4 and 5 that respondents Nos 4 and 5 neither those respondents nor their men will make any threat to the life and property of the petitioner and his family members, is recorded. Writ Petition is closed. H.L. DATTU Chief Justice A.K. BASHEER Judge an