IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 13798 of 2010(Y) -------------------------------------- PETITIONER(S): ---------------------- SELVAM.A, S/O ARUMANAYAKAM.P, AGED 41 YEARS, EIGHT LAND HOUSE, NEAR RDO OFFICE, DEVIKULAM POST, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, IDUKKI POLICE SUPERINTENDENT OFFICE, IDUKKI. 2. CIRCLE INSPECTOR OF POLICE, DEVIKULAM CIRCLE OFFICE, DEVIKULAM POST, IDUKKI. 3. SUB INSPECTOR OF POLICE, DEVIKULAM POLICE STATION, DEVIKULAM POST, IDUKKI. 4. S.MANI, M/S SUBA TEA STALL, JAYS' COMPLEX, MATTUPETTI ROAD, MUNNAR. R1 to R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 BY ADV. SMT.MARY BENJEMIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13798 OF 2010: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT NO.3 DATED 1.4.2010. EXT.P2.TRUE PHOTOCOPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 7.4.2010. EXT.P3.TRUE PHOTOCOPY OF THE CIRCULAR NO.52/09 DATED 18.12.2009 ISSUED FROM THE POLICE HEAD QUARTERS, KERALA POLICE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.13798 of 2010-Y ---------------------------------------------- Dated, this the 3rd day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking police protection to the life and limb of the petitioner against the attempts of the 4th respondent immediately. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a business man. The 4th respondent is infamous for parallel money lending business and using hired goons operate his mafia deals at the threat and acts of hooliganism. Petitioner earlier borrowed money from the 4th respondent in the event of grave necessity and including interest almost double the sum was paid back. The 4th respondent is demanding Rs.1 lakh more as interest from the petitioner. The 4th respondent is having criminal history. The 4th respondent is threatening the petitioner in short. Petitioner filed complaint. 3. The 4th respondent filed counter affidavit denying the allegations. It is inter alia stated that the petitioner is a real estate broker. He is a very close friend of the 4th respondent. The 4th respondent has got wife and three school going children. It is stated that the petitioner borrowed the money and is not paid back. His attempt is to evade WPC 13798/2010 -2- payment of money. 4. We heard the learned counsel for the parties including the learned Government Pleader. Learned counsel for the 4th respondent submits that the 4th respondent has no intention to cause threat to the life of the petitioner. We record the same. In view of the apprehension of the petitioner we make the interim order absolute. However, we make it clear that this will not stand in the way of the 4th respondent demanding the money due from the petitioner and also from taking steps in accordance with law for realising the amount said to be due from the petitioner. We further make it clear that we have not pronounced on the merits of contentions relating to the money transaction made by the petitioner and the 4th respondent and also the other allegations against the 4th respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS