IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 38232 of 2007(B) ---------------------------------------- PETITIONER: ------------------- JIMMY ISSAC, H.NO.111/270, VALAYIL HOUSE, EZHUPUNNA, CHERTHALA, ALAPPEY DISTRICT. BY ADV. SRI.P.F.FRANCIS SRI.RADHAKRISHNA PILLAI.G. RESPONDENTS: ------------------------- 1. THE RECOVERY MANAGER, CITI FINANCE CONSUMER FINANCE INDIA LTD., KOCHI. 2. THE STATE OF KERALA, BY SUB INSPECTOR OF POLICE, KUTHIYATHODU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.PHILIP T.VARGHESE R2 BY GOVERNMENT PLEADER SRI. SALIM.P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38232/2007 B APPENDIX PETITIONER'S EXHIBIT: EXT.P1: COPY OF CONCELLIATION PROCEEDINGS DTD. 9/10/2007. /TRUE COPY/ P.A.TO JUDGE Kss K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.38232OF 2007-B -------------------------------------------------------------- Dated this the 22nd day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner has availed a personal loan from the 1st respondent. There was some default to pay the amount. The matter was referred for conciliation and the conciliator passed Ext.P1 award. Since the petitioner did not pay the amount, the 1st respondent is sending his muscle men to his house to threaten him and his family members. Therefore, the petitioner has filed a representation before the police to grant protection to his life. Since no help is forthcoming from the police, this writ petition is filed. 2. The 1st respondent has filed a counter affidavit denying the allegations of the petitioner. It asserts that action in accordance with law only will be taken against the petitioner to recover the amount. WPC.NO.38232/2007 . 2 3. The learned Government Pleader, upon instructions, submitted that the petitioner did not file any complaint before the police. After the filing of the writ petition though the police went in search of the petitioner, he could not be located. Recording the submission of the 1st respondent that it will proceed only in accordance with law to recover the amount due to it from the petitioner, this writ petition is disposed of . K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.38232/2007 . 3