IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 280 of 2010(H) ----------------------------------- PETITIONER(S): --------------------- ANIL KUMAR.A., AGED 38 YEARS, S/O.ANIRUDHAN, VALIYAKIZHAKKETHIL, KARAZHMA, CHERUKOLE P.O., MAVELIKKARA. BY ADV. SRI.S.KANNAN RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, MANNAR POLICE STATION, MANNAR, ALAPPUZHA DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, MANNAR, ALAPPUZHA DISTRICT. 3. UDAYAKUMAR, AGED 43 YEARS, S/O.BHASKARAN, MUTTINCHIRAMEL VEEDU, CHUNAKKARA NADUVILE MURIYIL, CHUNAKKARA P.O., MAVELIKKARA. 4. UMESHKUMAR, AGED 22 YEARS, S/O.UDAYAKUMAR, MUTTINCHIRAMEL VEEDU, CHUNAKKARA NADUVILE MURIYIL, CHUNAKKARA P.O., MAVELIKKARA. 5. SUB INSPECTOR OF POLICE, NOORANAD POLICE STATION, NOORANAD, ALAPPUZHA DISTRICT. R1, R2 & R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R3 & R4 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.280 OF 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE COMPLAINT DATED 25.12.2009 SUBMITTED BY THE PETITINER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3A..TRUE COPY OF COMPLAINT FILED ON 8.12.2009 BEFORE THE NOORANAD POLICE STATION. EXT.R3B..TRUE COPY OF COMPLAINT FILED ON 25.12.2009. EXT.R3C..TRUE COPY OF FIR REGISTERED BY THE NOORANAD POLICE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.280 of 2010-H ---------------------------------------------- Dated, this the 11th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue a writ in the nature of mandamus directing the respondents 1, 2 and 5 to give adequate protection to the life and property of the petitioner.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner and respondents 3 and 4 were known to each other for the last six years and they have business transactions. There is reference to the loan taken by respondents 3 and 4 from the petitioner. There are other allegations including threat against the life of the petitioner from respondents 3 and 4. 3. A counter affidavit is filed by the 3rd respondent. 4. We heard the learned counsel appearing for the parties including the learned Government Pleader. Learned counsel appearing on behalf of respondents 3 and 4 submits that respondents 3 and 4 have no intention to commit any WPC No.280/2010 -2- threat on the petitioner's life. He would submit that in fact petitioner has threatened respondents 3 and 4. Learned Government Pleader submits that a crime has been registered against the petitioner at the instance of the 3rd respondent. The writ petition is disposed of as follows:- If there is any threat against the life of the petitioner from respondents 3 and 4 there will be a direction to respondents 1, 2 and 5 to give adequate protection to the life of the petitioner. We also make it clear that this judgment will not stand in the way of the investigation of Crime No.6/2010 of Nooranad police station, in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS