High Court Kerala High Court

P.K.Raju vs State Of Kerala on 22 July, 2010

Kerala High Court
P.K.Raju vs State Of Kerala on 22 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22127 of 2010(M)


1. P.K.RAJU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP,BY ITS SECRETARY,
                       ...       Respondent

2. THE COMMISSIONER OF POLICE

3. THE ASST.,COMMISSIONER OF POLICE,

4. THE CIRCLE INSPECTOR OF POLICE,

5. THE SUB INSPECTOR OF POLICE(SHO),

6. THE SUPERINTENDENT OF POLICE(RURAL)

7. THE DEPUTY SUPERINTENDENT OF POLICE,

8. THE CIRCLE INSPECTOR OF POLICE

9. THE SUB  INSPECTOR OF POLICE

10. SRI.MAHENDRAN, PUTHUPARAMBIL HOUSE,

11. SRI.VINOD,

12. SRI.SURESH, BRANCH SECRETARY,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  :SRI.K.V.JAYACHANDRAN

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :22/07/2010

 O R D E R
           K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
         ------------------------------------------------------
                 W.P.(C) No.22127 of 2010-M
            ----------------------------------------------
             Dated, this the 22nd day of July, 2010

                          J U D G M E N T

K.M.Joseph, J.

Petitioner has approached this Court seeking the

following reliefs:

“i. to issue a writ order or direction in the nature of

mandamus or other appropriate writ directing respondents

2 to 5 or the concerned among them to render adequate

and meaningful police protection to the petitioner in the

matter of his life and in the matter of his running of office

at Door No.6, Kolatheri Towers, Valanjambalam,

Ernakulam in the basement floor against acts of violences,

threats, intimidations, assaults and other commissions

from the end of respondents 10 to 12 and persons under

them.

ii. to issue a writ order or direction in the nature of

mandamus or other appropriate writ, directing respondents

6 to 9 or the concerned among them to render adequate

and meaningful police protection to the petitioner and his

family members in the matter of his life and residence in

the residential building known as Purayidathil House, Near

School Ground, Vadavukodu, Puthencruz, against acts of

violences, threats, intimidations, assaults and other

WPC 22127/2010 -2-

commissions from the end of respondents 10 to 12 and

persons under them.”

The further prayer is for a direction to take

decision on Ext.P1 and P3.

2. Briefly put, the case of the petitioner is as

follows: Petitioner is a Law Graduate engaged in Chamber

practice. He availed a loan for purchasing property of the 10th

respondent. According to him, the entire purchase price was

given to the 10th respondent. There is a reference to some

dispute, and the further allegation is against respondents 10

to 12 of using force. There is allegation of threat to life.

3. Today, when the matter came up, learned

counsel appearing on behalf of respondents 10 to 12 Sri.Raju

P.Mathews would deny the allegations. According to him

amounts are due from the petitioner to the 10th respondent.

He would submit that legal proceedings is being taken and

there will be no threat to the petitioner as apprehended by

him. We record the above submission and dispose of the writ

petition. In case there is any threat from respondents 9 to 12

to the life of the petitioner and it is brought to the notice of

WPC 22127/2010 -3-

respondents 4 and 5 or either of them they shall take

appropriate action for granting protection to the life of the

petitioner. We make it clear that we have not pronounced on

the correctness of the allegations made by the petitioner and

when the matter comes before the competent Court, that

Court will be free to decide the matter untrammelled by

anything contained in this judgment.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS