IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 21483 of 2009(E) -------------------------- PETITIONER(S): --------------- V.S.VIDYADHARAN, AGED 33 YEARS, S/O.SADANANDAN, VADYARUPARAMBIL HOUSE, MANNAM P.O., NORTH PARUR 683 520. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALUVA RURAL, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NORTH PARUR. 3. SANTHOSH KUMAR, S/O.AMBUJAKSHI AMMA, POLARIPARAMBIL, KIZHAKKEPRAM, NORTH PARUR-683513. 4. DILEEP KUMAR, CHERIYAPPILLY. 5. SUDHEER, VAZHIKULANGARA. 6. CHANDU, KIZHAKKEPRAM. ADV. SRI.MANSOOR.B.H. FOR R3 TO 5 GOVERNMENT PLEADER SRI.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21483/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PETITION DATED 28-7-2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.21483 of 2009 ----------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- (i) to call for the records relating to Ext.P1 and to issue a writ of mandamus commanding respondents 1 and 2 to give adequate police protection to the life of the petitioner and his family members, including his wife, child and parents, in the residential house bearing No.PMC.XIII/85 and also for the free movement of the petitioner to places outside their house, without being subjected to any kind of criminal act by the respondents 3 to 6. There is an interim order granted by this court on 30-7-2009 which reads as follows:- “There will be an interim direction to the second respondent to give protection to the life of the petitioner and his family members in case there is any threat from R3 to R6”. Learned counsel appearing for R3 to R6 submits that there are various money transactions between the petitioner and the 3rd respondent and under the cover of the interim order W.P(C)No.21483 of 2009 -:2:- granted by this court, the petitioner is in fact harassing the 3rd respondent. Though these allegations are vehemently disputed by counsel for the petitioner, in the nature of the order we propose to pass in this case, we do not think it necessary to go into the merits of the case. Even if there are money transactions between the parties and even if there is breach of any of the agreements between the parties, that cannot give rise to a situation of the party respondents taking law in their hands. It is for them to take recourse to the legal remedies available to them before appropriate forum. Without prejudice to such rights as available to the 3rd respondent in respect of the transactions between the petitioner and the 3rd respondent, this writ petition is disposed of in terms of the interim order. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.21483 of 2009 ---------------------------- JUDGMENT 17th August, 2009