IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 6077 of 2010(H) ------------------------------------- PETITIONER(S): ---------------------- M.SAIFUDEEN,AGED 67, S/O.MOHAMMED ALI,T.C.13/1247,SAINA(BURMA ROAD JUNCTION),KUMARAPURAM MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE CITY POLICE COMMISSIONER, OFFICE OF CITY POLICE COMMISSIONER, VAZHUTHACAUD,THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, PETTAH,THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION,VANCHIYOOR, THIRUVANANTHAPURAM. 6. BIJU RAMESH,T.C.37/852,SAMTHRIPTHI, PUNNAPURAM MURIYIL,FORT.P.O,THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R6 BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6077 OF 2010 PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF PLAINT IN OS.1343/09 OF IST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXT.P2.TRUE COPY OF COUNTER AFFIDAVIT DATED 7.12.2009 IN OS.1343/2009. EXT.P3.TRUE COPY OF COMPLAINT DATED 14.12.2009 TO 2ND RESPONDENT. EXT.P4.TRUE COPY OF COMPLAINT DATED 20-2-2010 BEFORE THE 5TH RESPONDENT. EXT.P5. TRUE COPY OF RECEIPT DATED 20.2.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6077 of 2010-H ---------------------------------------------- Dated, this the 30th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following reliefs:-- “i. to issue a writ of mandamus directing respondents 2 to 5 to afford adequate and effective police protection to the life of petitioner from the acts of violence of 6th respondent and his henchmen; ii. to direct the respondents 1 to 5 to initiate action against 6th respondent as contemplated under Kerala Anti- Social Activities Prevention Act and under other law under time being in force.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is an N.R.I. He purchased 27 1/2 cents of land. He put up a marriage hall with lodging facilities. He had availed Rs.20 lakhs from K.F.C. As he could not repay the amount the 6th respondent tendered the amount. There is a document executed by the petitioner as security. It is stated that it was assured that when the amount is repaid it will be re-conveyed to the petitioner. While so, the 6th respondent with the help of muscle men had taken possession of property. Petitioner filed a suit seeking cancellation of sale deed and recovery of possession. It is also stated that petitioner has WPC 6077/2010 -2- been threatened and intimidated with fear of death to withdraw the suit by 6th respondent. 3. A counter affidavit is filed by the 6th respondent. 4. We heard the learned counsel appearing for the parties. Learned counsel for the petitioner presses both prayers before us. Learned counsel for the 6th respondent denied the allegations. According to him, the 6th respondent has not threatened the petitioner and he will not threaten him. We record the above submission of the learned counsel for the 6th respondent. We make the interim order dated 3.3.2010 absolute and dispose of the writ petition. We do not think that the petitioner has made out a case for granting the second prayer in these proceedings. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS