IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30156 of 2011(T) ---------------------------------------- PETITIONER(S): -------------------------- K.N.SURESHKUMAR,MANAGING PARTNER, HOTEL NATIONAL RESIDENCY BEEBEES PALACE, ETTUMANOOR.P.O,S/O.NARAYANAN NAIR, KURUPPANKUNNEL HOUSE,ATHIRAMPUZHA.P.O, KOTTAYAM. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): ------------------------------- 1. CIRCLE INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION,ETTMANOOR - 686 631. 2. SUB INSPECTOR OF POLICE,ETTUMANOOR POLICE STATION,ETTUMANOOR - 686 631. 3. JOBY CHERIAN,S/O.MR.CHERIAN, PLAKKITHOTTIYIL,PUNNTHURA WEST.P.O,ETTUMANOOR, KOTTAYAM-686 631. 4. BIJUMON THOMAS,PARTNER,BEEBEES PALACE, ETTUMANOOR,THITHARA HOUSE,ETTUMANOOR.P.O, PIN-686 631. 5. BAIJU.K.N,PARTNER,BEEBEES PALACE, ETTUMANOOR.P.O,ETTUMANOOR-686 631. 6. TESSY CHERIAN,PLAKKI THOTTIYIL HOUSE, PUNNATHURA WEST.P.O,ETTUMANOOR--686 631. R1 & R2 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30156/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PARTNERSHIP DEED DTD:9.12.2009. EXT.P2: TRUE COPY OF THE PETITION DT. 30/10/2011 TO THE 2ND RESPONDENT. EXT.P3: TRUE COPY FO THE RECEIPT OF THE PETITION DT:30.10.2011. EXT.P4: TRUE COPY OF THE NOTICE DATED 30.10.2011 ISSUED IN THE SUB REGISTRAR OFFICE,ETTUMANOOR. EXT.P5: TRUE COPY FO THE FIRST INFORMATION REPORT DATED 31.10.2011 EXT.P6: TRUE COPY OF THE PETITION DATED 9.11.2011 TO THE IST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30156 of 2011 -------------------------------------------------- Dated this the 11th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner who claims to be the managing partner of hotel National Residency at Ettumanoor seeks in this writ petition protection for his life as well for managing the hotel against respondents 3 to 5 who are admittedly partners of the hotel and also against the 6th respondent who is the sister of the 3rd respondent. As regards the protection sought in respect of conducting the hotel we are not inclined to grant such protection as we are told that a suit for settlement of accounts pertaining to the firm is being instituted before the Sub Court, Kottayam. It is open to the petitioner to seek protection for management of the hotel from the Sub Court in the prospective suit. 2. The petitioner seeks protection for his life and limbs also. It is stated that the party respondents are very aggressive people always carrying revolvers, and it is alleged that the petitioner is remaining under constant fear on account of the threats of the party respondents. W.P(C) No.30156 of 2011 2 3. We are not inclined to examine correctness of these allegations levelled by the petitioner. We find that Ext.P6 petition has been filed by the petitioner before the 1st respondent, Circle Inspector of Police. 4. We direct the 1st respondent to take up Ext.P6 immediately and to conduct an enquiry into the correctness of the allegations in Ext.P6. As part of the enquiry it is open to the 1st respondent to seek statements from respondents 3, 4 and 5. The enquiry will be conducted immediately and if the enquiry reveals that there is threat to the life and limbs of the petitioner from the part of the party respondents, it will be the obligation of the 1st respondent to take up necessary steps to ensure that no danger is caused to the life and limbs of the petitioner on account of the party respondents. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab W.P(C) No.30156 of 2011 3