IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 18847 of 2010(E) -------------------------- PETITIONER: --------------- K.A.FRANCIS, AGED 50, S/O.AUGUSTINE, KUNNANATTU HOUSE, PUTHENPALLY, VARAPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: --------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, ERNAKULAM DISTRICT PIN 683513. 3. THE SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT 683172. 4. T.Y.VARGHESE, S/O.YOHANNAN, THATTUPARAMBIL HOUSE, THIRUVANIYUR, ERNAKULAM, PIN-682 308. GOVERNMENT PLEADER, SHRI. T.K. VIPINDAS FOR R1-3 ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18847 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : A TRUE COPY OF THE COMPLAINT OF THE PETITIONER BEFORE THE SECOND RESPONDENT DT.20.5.2010. EXT.P2 : A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DT.29.5.2010. EXT.P3 : A TRUE COPY OF THE RECEIPT EVIDENCING RECEPTION OF EXT.P2 DT.30.5.2010. RESPONDENTS' EXHIBITS : NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 18847 of 2010 E - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2010 JUDGMENT Joseph, J. The prayers in the Writ Petition are as follows. i) issue an appropriate writ, order or direction commanding respondents 2 and 3 to provide sufficient and adequate police protection to the life of the petitioner and his family members against the threat raised by the 4th respondent in the interest of justice. ii) issue an appropriate writ, order or direction commanding respondents 2 and 3 to consider Exts.P1 and P2 and to take appropriate action based on the same in accordance with law within such time as may be fixed by this Hon'ble Court, in the interest of justice.” W.P.(C).No. 18847 of 2010 2 2. Briefly the case of the petitioner is as follows. The petitioner was a commission agent involved in a real estate transaction, for which he has to receive some money from the 4th respondent. In regard to the same, he filed a complaint before the 2nd respondent. The further complaint is that pressure is put on the petitioner to withdraw the complaint and there is threat to his life. He has narrated some instances also. 3. The learned counsel for the 4th respondent would deny the said allegations and submits that the allegations are not correct. He would submit that the 4th respondent has no intention to cause any threat to the petitioner nor has there any pressure to withdraw the complaint. He would also submit that the 4th respondent has no connection with the petitioner. 4. We record the said submissions and dispose of the Writ Petition directing that in case there is any threat from the 4th respondent to the petitioner, which is brought to the notice of the third respondent, W.P.(C).No. 18847 of 2010 3 the third respondent will provide adequate protection to the petitioner as against any threat from the 4th respondent. We also make it clear that we have not gone into the correctness of the allegations made by the petitioner against the 4th respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm