IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29583 of 2011(W) ------------------------------------- PETITIONER : -------------------- JAMEELA C.K, AGED 38 YEARS,W/O.BASHHER C.K, CHERIYENKUNNATHU HOUSE, THORAYIL MODAKKALLOOR P.O, ATHOLI(VIA), KOZHIKODE DISTRICT. PIN - 673 321 BY ADVS. SRI.JOBI JOSE KONDODY SRI.SANTHARAM.P RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, ATHOLI POLICE STATION, ATHOLI P.O., KOZHIKODE DISTRICT 2. MR.C.V.BHASKARAN, CHETTIYAMVEETTIL HOUSE, THORAYI MODAKKALLOOR P.O., ATHOLI (VIA), KOZHIKODE DISTRICT, PIN - 673 321 3. MR.C.RAZZAK,CHERIYERI HOUSE, THORAYI MODAKKALLOOR P.O., ATHOLI (VIA), KOZHIKODE DISTRICT, PIN - 673 321 4. MR.N.V.MOHANAN, NADUVILEDATHU HOUSE, THORAYI MODAKKALLOOR P.O., ATHOLI(VIA), KOZHIKODE DISTRICT, PIN - 673 321 5. MR.ASHRAF, SEENA-KARIPOLI HOUSE, THORAYI MODAKKALLOOR P.O, ATHOLI (VIA), KOZHIKODE DISTRICT, PIN - 673 321 RKM .......2....... .....2........ WP(C).No. 29583 of 2011(W) 6. M.K.BASHEER, THORAYI,MODAKKALLOOR P.O, ATHOLI(VIA),KOZHIKODE DISTRICT, PIN 673 321 7. MR.AZIZ, MANNATTU HOUSE, THORAYI,MODAKKALLOOR P.O., ATHOLI (VIA), KOZHIKODE DISTRICT, PIN - 673 321 8. ASHRAF, PUTHIYOTTIL HOUSE, THORAYI,MODAKKALLOOR P.O., ATHOLI (VIA), KOZHIKODE DISTRICT PIN - 673 321 ADV. SRI.P.R.SREEJITH FOR R2&4-8 SRI.M.PROMODH KUMAR FOR R2 & 4-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29583 OF 2011 ................................................................... Dated this the 14th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioner who is the wife of one C.K. Basheer has filed this writ petition seeking directions for protection to her life and to the lives of her family members without any trouble from respondent Nos. 2 to 8 who are described as miscreants causing obstruction to the peaceful lives of the petitioner and her family members in her house. The case of the petitioner is that her husband Basheer and the third respondent Razzak were conducting grocery business in partnership for some time till the end of December, 2007. As there was mismanagement, the above partner ship firm failed and thereafter grocery business was conducted by the petitioner’s husband alone. The third respondent started his own business in finance. In that business, he received substantial amounts by way of deposits from respondents 2 and 4 to 8. He also received deposits giving assurance that the amounts will be repaid with substantial dividends. W.P.(C).NO.29583 OF 2011 : 2 : The third respondent never kept his promises to the depositors. The depositors are agitating. Local mediators intervened and pursuant to a decision taken at the intervention of the mediators, properties belonging to the petitioner and the third respondent were sold and some of the creditors were paid off, but the proceeds of the sale was not sufficient for paying off all the creditors. Creditors were naturally very much antogonised. To pacify the creditors and to turn their wrath to a certain extent against the petitioner's husband, the third respondent told the unpaid creditors that all the amounts received from them were received by the third respondent and Sri. Basheer. In their eagerness to recover the amount due to them at the earliest, respondents 2 and 4 to 8 have started to trouble the petitioner and her family members. These respondents have no cause of action against the petitioner or her husband. Peaceful life has become miserable for the petitioner and her husband on account of the threat and contumacious acts of the party respondents. Without police protection, the petitioner and her husband will find it difficult W.P.(C).NO.29583 OF 2011 : 3 : to live. 2. Sri. Sreejith, learned counsel appearing for the party respondents would dispute all the submissions of Jobi Jose, learned counsel for the petitioner. According to him, the amounts were received by the third respondent and the petitioner's husband Basheer jointlt. They together cheated the creditors. He denied the allegation that the party respondents have taken law into their hands. They have only conducted a peaceful agitation. They have got a right to conduct peaceful agitation for voicing their grievances. 3. The learned senior Government Pleader M.K. Aboobakcer submitted that the party respondents' belief is that the petitioner's husband Basheer is also a beneficiary of the amounts received by the third respondent from them. That is why they are agitating against the petitioner's husband. The situation is presently under control. It will be ensured that no law and order situation arises, so submitted by the learned Government Pleader. 4. Having given our anxious consideration to the rival submissions addressed at the bar, we are of the view that it W.P.(C).NO.29583 OF 2011 : 4 : may not be necessary for us to issue the specific directions which are sought for under relief Nos.1 and 2 in this writ petition. We however direct the first respondent to keep constant vigil over the petitioner as well as the party respondents and ensure that the disputes between them do not give rise to any violence or law and order situation. The party respondents particularly respondents 2 and 4 to 8 are informed that they are not entitled to take law into their hands even though they have genuine claims against the petitioner's husband. They should resort to due process of law for recovering amounts, if any due to them from the petitioner's husband. The writ petition is disposed of accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl