IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7565 of 2011(U) ------------------------- PETITIONER(S): ------------------------- 1. N.SUKUMARANKUTTY, S/O.NARAYANA PANICKER, AGED 69 YEARS, LALITHA BHAVAN, KARINKONI LANE, KARAKULAM, KARAKULAM P.O. 2. ANANTHAVALLY, W/O.N.SUKUMARANKUTTY, LALITHA BHAVAN, KARINKONI LANE, KARAKULAM, KARAKULAM P.O. 3. A.S.SANDEEP, S/O.N.SUKUMARANKUTTY, LALITHA BHAVAN, KARINKONI LANE, KARAKULAM, KARAKULAM P.O. 4. A.S.PRAMOD, S/O.N.SUKUMARANKUTTY, HOUSE NO.L.F2/203, VRINDAVAN GARDENS, PATTOM, PATTOM PALACE P.O. BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001. 2. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY - 695 001. 3. ASSISTANT COMMISSIONER OF POLICE, SANKUMUKHAM, THIRUVANANTHAPURAM - 695 001. 4. SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, PETTA - 695 001. 5. CIRCLE INSPECTOR OF POLICE, NEDUMANGADU CIRCLE, NEDUMANGADU - 695 018. 6. SUJITH ALIAS SUJITH KRISHNA, PROPRIETOR, MUKAMBIKA ROAD ESTATE AND CONSTRUCTIONS, NEAR RAILWAY LINE, KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM - 695 018. 7. JINU, ATTUKAL, PUTHENTHOPPU, ATTUKAL PO, THIRUVANANTHAPURAM - 695 018. BY GOVERNMENT PLEADER SMT.CHERISMA BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7565 of 2011(U) ----------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE COMPLAINT FILED BY 4TH PETITIONER BEFORE THE HON. CHIEF MIISTER OF KERALA DATED15.11.2010 EXT.P2. COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.1.2011. EXT.P3. COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER BEFORE THE HON. HOME MINISTER OF KERALA DT. 29.1.11 EXT.P4. COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE DY.SP (WOMEN'S CELL) DATED 24.2.2011. EXT.P5. COPY OF THE COMPLAINT FILED BY THE 1ST PETITIOER BEFORE THE 4TH RESPONDENT DATED 20.2.2011 EXT.P6. COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 20.2.2011 ET.P7. COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS : NIL ----------------------------------- EXT.R6(A). COPY OF FIR IN CRIME NO.911/2010 EXTR6(B). COPY OF FIR IN CRIME NO.179/2011 EXT.R6(C). COPY OF CERTIFICATE ISSUED BY ARMY AUTHORITIES / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.7565 of 2011 ------------------------------------------- Dated this the 22nd March, 2011 ORDER/ JUDGMENT Basant, J. The petitioners - father, mother and two adult children have come before this Court with this petition for issue of directions under Article 226 to respondents 1 to 5 to afford police protection to the petitioners against the apprehended wanton and violent conduct on the part of respondents 6 and 7. After the filing of this writ petition, on the oral request of the learned counsel for the petitioners, the seventh respondent who has not been served is deleted from the array of accused. The Registry shall carry out the deletion. 2. According to the petitioners, respondent No.6, who claims to be aggrieved that he has lost a huge amount in on line share transactions, is insisting that the petitioners must make good the loss suffered by him and to enforce that claim is indulging in violent conduct against the petitioners. It is hence that the petitioners seek police protection. 3. The sixth respondent has entered appearance. He WPC No.7565/2011 2 has a totally different version to advance. According to him, the fourth petitioner is guilty of defrauding and cheating him. A complaint has been filed and Ext.R6(a) crime has been registered by the police. The petitioners are guilty of attacking the mother of the sixth respondent. On that aspect, Ext.R6(b) crime has been registered by the police. To steal a march over the sixth respondent in the pending proceedings, this complaint has been filed raising totally false and vexatious allegations. The learned counsel for the sixth respondent submits that the categoric undertaking of the sixth respondent may be recorded that the sixth respondent shall only initiate legal proceedings against the petitioners for the recovery of the amounts due to him from the fourth petitioner. He shall not indulge in any violent conduct against the petitioners, it is undertaken. 4. The learned Government Pleader on instructions from respondents 2 to 5 submits that in the perception of the police officials, there is no threat to the life or person of the petitioners. If there be any such threat, complaint can be made to the police officials and necessary action shall be taken by the police, submits the learned WPC No.7565/2011 3 Government Pleader. 5. We have considered all the relevant circumstances. We take note of the submission of the learned counsel for the sixth respondent. We take note of and record the submissions of the learned Government Pleader on behalf of respondents 1 to 5. We agree with the learned Government Pleader that there is nothing tangible to perceive any threat or harm against the life or person of the petitioners. We accept the submission of the learned Government Pleader that if there be any threat, petitioners can complain and respondents 2 to 5 shall take necessary action to abate and deter such violent conduct. No specific directions under Article 226 do appear to be necessary in these circumstances. 6. This writ petition is in these circumstances dismissed with the above observations. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/