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 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 35034 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- SUDHI LAL.S , S/O.SUDHAKARAN SUDHI BHAVAN, MANGAD VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.SAIJU S. SRI.C.SINOY RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS,KOLLAM 691 001. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION,KOLLAM 691 001. 3. THE SUB INSPECTOR OF POLICE, KOLIKOLLUR POLICE STATION, KILIKOLLUR PO, KOLLAM 691 004. 4. SRI.JOSE MARTHANDAN,S/O.MARTHANDAN, SIVASENA LEADER, M.T.VILLA, REGUNATHAPURAM, VARKALA PO,THIRUVANANTHAPURAM 695 141. 5. SRI.SUBASH, SIVASENA LEADER, OPPOSITE BISMILLA MOTOR, NEXT TO NEETHY STONE, THEKKEVILA, EDAVA PO, VARKALA, THIRUVANANTHAPURAM. 695 311. 6. SRI.SASI, SIVASENA STATE JOINT COMMITTEE CONVENOR, KANNANALLOOR PO, KOLLAM DISTRICT 691 576. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 35034/2010 APPENDIX PETITIONER'SEXHIBITS: P1 COPY OF THE COMPLAINT DATED 06/11/2010 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 35034 OF 2010 ============================ Dated this the 7th day of December, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following reliefs. “i) to issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 3 to afford adequate and effective police protection for life and property of the petitioner and his family from the respondents 4 to 6 and their henchmen, associates or anybody. ii)to issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 3 to conduct a confidence investigation of the criminal acts of respondents 4 to 6 and their henchmen under the supervision of the 1st respondent and book the culprits under the clutches of law. Wpc 35034/2010 2 Iii) to declare that the petitioner and his family are entitled to get police protection for life and property from the respondents 4 to 6 and their henchmen, associates or anybody”. 2. The case of the petitioner in brief is as follows. Petitioner is an Engineer by profession engaged in a joint venture partnership firm along with others. Persons from India were working in the firm which had the territorial jurisdiction at UAE having Headquarters at Dubai as per the partnership agreement. While so, one of the partners Sri Augustine Antony left from Dubai and filed a complaint against the petitioner before third respondent. Petitioner filed an application for anticipatory bail. Thereafter Sri Augustine Antony is alleged to have entrusted the matter to respondents 4 to 6 and that they along with 15 gundas threatened the petitioner and his family members. 3. Though served, there is no appearance for party respondents 4 to 6. We heard the learned counsel for the petitioner and also the learned Government Pleader. The learned Government Pleader submits that as of now there is no Wpc 35034/2010 3 problem and the matter is essentially a monetary dispute and respondents filed petition before the police alleging that seven months' salary is not paid and police have relegated them to the competent forum to address their grievances. Learned counsel for the petitioner would submit that the matter has been settled. 4. We dispose of the writ petition as follows. If the petitioner complains of any threat to the life of the petitioner, his wife and children from respondents 4 to 6 before the second and third respondent, they will look into it and if the complaint is found to be genuine, they shall afford protection to the life of the petitioner and children as against respondents 4 to 6 as and when required. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk