IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 3602 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------ KOCHUVAVA O.K. @ KRISHNA DAS, S/O.KOCHAPPAN, AGED 59 YEARS, OLIPPARAMBIL VEDA NILAYAM, PAMBADI P.O., THIRUWILVAMALA, THRISSUR. BY ADV. SRI.DENIZEN KOMATH RESPONDENTS: ------------------------- 1. COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CENTRAL CIRCLE, ERNAKULAM. 3. SANTHOSH GEORGE, AGED 47 YEARS, S/O.LATE D.GEORGE PANACKALODY, PANACKALODY HOUSE, THENGOD KARA, THENGOD P.O., KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 682 030. 4. SURESH GEORGE, AGED 47 YEARS, S/O.LATE D.GEORGE PANACKALODY, PANACKALODY HOUSE, THENGOD KARA, THENGOD P.O., KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 682 030. 5. REKHA THOMAS, AGED 34 YEARS, W/O.PAINUMMOOTTIL SUDEEP THOMAS JOHN, RESIDING AT THOMBRAYIL HOUSE, CHELAD KARA, KOTHAMANGALAM TALUK, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL FOR R1 & R2 ADV. SRI.M.P.RAMNATH FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3602/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHEQUE DTD. 10/02/2008. EXT.P2: COPY OF THE SALE DEED. EXT.P3: COPY OF THE COMPLAINT FILED BY THE PETITIONER. EXT.P3(A): COPY OF THE RECEIPT. RESPONDENT'S EXHIBITS: EXT.R3(1): COPY OF THE ALLEGED WILL DTD. 10/05/90 EXECUTED BY PETITIONERS FATHER KOCHAPPAN. EXT.R3(2): COPY OF REGISTERED SALE DEED 3331/2007 SRO NARAKKAL DTD. 5/10/07 IN FAVOUR OF RESPONDENTS 3 TO 5. EXT.R3(3): COPY OF THE LETTER DTD. 5/12/2007 ISSUED BY O K BABY TO THE RESPONDENTS. EXT.R3(4): COPY OF THE JUDGMENT DTD. 29/06/2006 IN O.S.143/1998 SUB COURT, KOCHI. EXT.R3(5): COPY OF THE NOTICE DTD. 21/01/2008 ISSUED BY THE 3RD RESPONDENT TO MANAGER, UNION BANK OF INDIA. EXT.R3(6): COPY OF THE NOTICE DTD. 21/01/2008 ISSUED BY THE RESPONDENTS 3-7 TO PETITIONER AND FAMILY. EXT.R3(7): COPY OF LAWYER NOTICE DTD. 19/02/2008 ISSUED TO PETITIONER AND HIS FAMILY. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.3602 OF 2008 D ----------------------------------------------------- DATED THIS THE 3rd DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that respondents 3 to 5 are threatening him and therefore his life is in danger. He submits, he sold certain properties belonging to him and his family members to respondents 3 to 5 and towards part payment of consideration for the same, Exhibit P1 cheque was issued. The respondents along with certain muscle men tried to physically man handle him and snatch away the cheque from him. It was on 19.1.2008. So, the petitioner filed Exhibit P3 representation before the Commissioner of Police on 25.1.2008. He apprehends threat to his life from them. Hence, this Writ petition seeking appropriate directions to the police. 2. Respondents 3 to 5 have a different story to tell. They submit that the petitioner and his family members have sold a property to the said respondents, over a part of which, they do not have any title. Exhibit P1 cash cheque was issued as a cheque to enable the petitioner to persuade others in the neighbourhood also to W.P.(C)No.3602/08 -2- sell their properties to respondents 3 and 5. A forgery has been committed in that cheque and it is being used to file a complaint under Section 138 of the Negotiable Instruments Act against the drawer of the cheque. They deny the allegations of the petitioner and submit that they have no intention whatsoever to physically harm the petitioner or his family members. They propose to take recourse to the legal forums to recover the amount due to them from the petitioner. 3. The learned Government Pleader upon instructions submitted that if there is any threat to the petitioner's life and he informs the police, the police shall look into the same and take appropriate action, as the occasion demands. The above submission of the learned Government Pleader and the submissions of the respondents regarding the personal safety of the petitioner are recorded and the Writ Petition is disposed of without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn