IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 30648 of 2010(E) --------------------------------- PETITIONER(S): ------------------- JOBISH.C.P,AGED 29 YEARS, S/O.C.J.PAILY,CHAKKITTAKUDY HOUSE,THOVARIMALA, SULTHAN BATHERY,WAYANAD-673 592. BY ADVS. SRI.JINU JOSEPH SRI.SHIJU VARGHESE (WAYANAD) RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION,WAYANAD-673 592. 2. ICICI BANK,CALICUT BRANCH,OPP.YMCA, SHAFEER COMPLEX,KANNUR ROAD,CALICUT,REPRESENTED BY ITS MANAGER, PIN-673 001. 3. PRADEEP GEORGE,COLLECTION MANAGER, C/O.ICICI BANK,CALICUT BRANCH,OPP.YMCA, SHAFEER COMPLEX,KANNUR ROAD,CALICUT-673 001. 4. JENIL RAJ,RECOVERY MANAGER, C/O.ICICI BANK,CALICUT BRANCH,OPP.YMCA,SHAFEER COMPLEX,KANNUR ROAD,CALICUT-673 001. 5. VIJEEB,COLLECTION EXECUTIVE, C/O.ICICI BANK,CALICUT BRANCH,OPP.YMCA, SHAFEER COMPLEX,KANNUR ROAD,CALICUT-673 001. 6. THAHU,COLLECTION EXECUTIVE, C/O.ICICI BANK,CALICUT BRANCH,OPP.YMCA, SHAFEER COMPLEX,KANNUR ROAD,CALICUT-673 001. R1 BY GOVT.PLEADER SRI.T.K.VIPINDAS R2 BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.R.REKESH SRI.P.A.ABISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 30648/2010(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMPLAINT DATED 03/10/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30648 of 2010 ---------------------------------------- Dated this the 26th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: a) issue a writ of mandamus directing the 1st respondent to grant adequate protection to the petitioner and his family and property. b) issue a writ of mandamus directing the 1st respondent to investigate into Ext.P1 complaint and proceed against the respondents 2 to 6 as per law. c) declare that the petitioner is entitled to have his life and property protected, d) declare that the 2nd respondent bank has legal remedies through Court for the recovery of the loan amounts and that resorting to goondaism is illegal and liable to be dealt with severely., 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is a Medical Representative working in Calicut at present. He hoping for a bright future for his poor W.P.C.No.30648 of 2010 2 family, decided to try his luck for a good job in Australia. He took two personal loans from the 2nd respondent bank in April 2009 totalling to Rs.3,27,000/-. Because of problems, he had come back. He immediately approached the 2nd respondent bank in the month of March 2010 and paid his entire savings of Rs.85,000/- and closed one loan and sought some time for repayment of the outstanding amounts and thereafter for the regularisation of the loan account. The petitioner had remitted Rs.35,000/- in that account till date and sought time for the balance amount. But respondents 3 to 6 are constantly calling the petitioner over the phone and threatening of dire consequences. They even sent goondas to the petitioner's house. Complaint to the police found no results. 4. We have heard the learned counsel for the petitioner and the learned counsel for the party respondents. The learned counsel for the party respondents would submit that they will only proceed with the matter in accordance with law and there will be no threat. It is also submitted that the petitioner has arrived at a settlement; but that is not honoured. The learned counsel for the petitioner would submit that it is true that some amounts are due. W.P.C.No.30648 of 2010 3 5. If amounts are due from the petitioners, certainly the party respondents cannot take the law into their hands and make threats on the life of the petitioner. Of course, it is denied by the party respondents. 6. Having regard to the circumstances of the case, this writ petition is disposed of on condition that the petitioner will pay a sum of Rs.50,000/- (Rupees fifty thousand only) within a period of six weeks, there will be a direction to the 1st respondent that if the petitioner brings to his notice any threat from respondents 2 to 6, he shall promptly look into the matter and if the complaint is found to be genuine, the 1st respondent shall afford protection to the life of the petitioner as against respondents 2 to 6. The amount of Rs.50,000/- directed to be paid by the petitioner is to be deducted from the amounts due from the petitioner and we will leave it open to the parties to approach for remedies otherwise before the competent court/forum. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30648 of 2010 4 W.P.C.No.30648 of 2010 5 W.P.C.No.30648 of 2010 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010