IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 15594 of 2009(T) -------------------------- PETITIONER: --------------- RAJIV R., S/O.LATE RAMACHANDRA REDDYAR, HARI RAM, T.C.26/643, UTTUKUZHY, THIRUVANANTHAPURAM. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 2. THE CIRCLE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. 3. VINOD PANIKKAR @ BULLOT VINOD, PONNAMKULAM HOUSE, PARASUVAKKAL, PARASSALA, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. P.A. SALIM. ADV. SRI.M.SREEKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PETITION DATED 27.5.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF PETITION DATED 27.5.2009 FILED BY THE PETITITONER BEFORE THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF FIR IN CRIME NO. 239/09 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE SALE DEED NO. 917/09 OF SRO, CHALAI, THIRUVANANTHAPURAM DATED 6.4.2009. EXT.R3(b) TRUE COPY OF THE POWER OF ATTORNEY DATED 13.3.2009. EXT.R3(c) TRUE COPY OF THE TAX RECEIPT NO. 1531025 DATED 18.5.2009. EXT.R3(d) TRUE COPY OF THE NEWS ITEM PUBLISHED IN KERALA KAUMUDHI DAILY DATED 18.6.2009. EXT.R3(e) TRUE COPY OF THE NEWS ITEM PUBLISHED IN DESABHIMANI DAILY DATED 20.6.2009. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 15594 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner is the Managing Partner of a Textile shop situated very near to the Secretariat, Thiruvananthapuram. The third respondent is alleged to be a money lender. Petitioner has, in all, borrowed an amount of Rs. 1,25,00,000/- from him. But according to him, he repaid an amount of Rs.3, 75,00,000/- inclusive of interest. The third respondent is stated to have obtained two blank cheques at the time of borrowing the amount and the petitioner's sisters are sureties for the loan transactions. Though the petitioner has repaid the entire amount, the third respondent is still insisting for the entire amount and he is taking the daily collection forcibly from the shop. Petitioner is now residing in a building belonging to his sisters. On 13.3.2009 the third respondent, along with some other persons threatened the petitioner's wife and children and thereafter he brought the Sub Registrar to the residence of the petitioner and because of the threat a power WP(C) 15594/2009 :2: of attorney was obtained from his sisters in his favour, as demanded by the third respondent and he forcibly snatched away the same. Thereafter also, the third respondent was insisting for payment of a further amount of Rs. 1,75,00,000/-. It is also stated that under the threat of the third respondent, petitioner had to execute a sale deed. he seeks for a direction to Respondents 1 and 2 to afford sufficient protection to his life as also to the life of the members of his family. 2. Pursuant to the notice received, the third respondent appeared and filed a detailed counter affidavit. According to the third respondent, he is not involved in any criminal case, that he is a law abiding citizen and that he is conducting agency of "Royal Enfield" at Karamana, Thiruvananthapuram. The allegation that he has threatened the petitioner is stated to be untrue. He even denied the allegation that petitioner borrowed any amount from him. The other averments are also denied. According to him, 15 Cents of property and a building situated therein belonged to the petitioner's sisters was purchased by him as per Ext.R3(a), in April, 2009. Petitioner was residing in the said house; but even after the sale he has not vacated and it is thereafter that he has approached this Court with this writ petition raising false allegations. WP(C) 15594/2009 :3: 3. Petitioner subsequently filed a reply affidavit producing Ext.P7 FIR in Crime No. 239/2009 filed before the Judicial First Class magistrate Court -III, Thiruvananthapuram dated 19.6.2009. The learned Government Pleader appearing on behalf of Respondents 1 and 2 submitted that Ext.P1 is never received by them. Ext.P2 have been forwarded to the Station House Officer and it is found that the threat alleged has not proved. However, the other matters are under investigation. 4. Having heard the parties, we find that while the petitioner is making serious allegations against the third respondent, the third respondent would submit that he has purchased the property as stated above and in spite of that the petitioner is continuing to reside in the said house. The other allegations made by the petitioner are stoutly denied by the third respondent. Whether there is any criminal intimidation, threat etc. are matters under investigation by the police and at this stage we cannot entertain such complaints. Nor can we make any observation on the merits of the contentions raised between the parties. In so far as the official respondents submit that there is no threat as alleged in the writ petition, we do not find that there is any situation to continue the interim order. However, if there is any specific instance of such threat, respondents 1 and WP(C) 15594/2009 :4: 2 shall inquire into the same and do the needful in accordance with law. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-