IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 32481 of 2009(E) -------------------------- PETITIONER(S): --------------------- RAJU VARGHESE, AGED 48, S/O.ABRAHAM VARGHESE, CHAMBAPATTIL HOUSE, VADAVATHOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): ----------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST, KOTTAYAM. 3. THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM. 4. S.ANOJ @ KUNJUMON, PROPRIETOR, KARTHIKA FINANCE, SWAMIYAR MADAM AREA, THIRUNAKKARA PO, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.32481 OF 2009 E PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 18/6/2007 OF THE PRL. SUB COURT, KOTTAYAM IN OS.NO.225/2006. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 18/9/2007 IN OS.NO.250/2006 OF THE SUB COURT, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL. //True copy// PS to Judge K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 32481 OF 2009 E ------------------------------------------ Dated this the 24th November, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos.1 to 3 to give adequate and sufficient police protection to the life of the petitioner and his family members and sufficient police protection to the petitioner to carry out his chitty business by name Modern Chit Funds at Kudakassery Building near Collectorate, Kottayam from the illegal acts of the 4th respondent and his allies”. 2. Briefly put, the case of the petitioner is as follows: Petitioner is conducting chitty business. Due to financial difficulties, he borrowed money for the business from the fourth WP(C).NO.32481/2009 E 2 respondent. In short, the petitioner could not pay the amount due to paucity of funds after the 12th installment. There is reference to a litigation. It is stated that after the dismissal of the case, the fourth respondent and his allies began to threaten the petitioner. Allegations are made about the incident which allegedly took place on 10.11.2009. Petitioner filed Ext.P1 complaint and is before us. 3. Though served, there is no appearance for the fourth respondent. Petitioner has subsequently produced the Judgment in a Suit filed by the fourth respondent as Ext.P2. Ext.P2 would show that balance court fee was not paid and the Suit was rejected. Ext.P3 also reveals the same rejection for non-payment of balance court fee. 4. We heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader would submit that a complaint was received. It is noticed that the Judgment revealed that the plaint filed by the fourth respondent has been rejected. The fourth respondent was called and he has been WP(C).NO.32481/2009 E 3 warned and as of now, there is no problem. We record the said submission and dispose of the Writ Petition by directing that in case any complaint of threat to the life of the petitioner from the fourth respondent is brought to the notice of the third respondent, the third respondent will look into it and if it is found to be genuine, he will provide protection to the life of the petitioner as against the fourth respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge WP(C).NO.32481/2009 E 4