High Court Kerala High Court

E.M.Nizaam Ahamed vs The Commissiner Of Police on 20 May, 2010

Kerala High Court
E.M.Nizaam Ahamed vs The Commissiner Of Police on 20 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15104 of 2010(K)


1. E.M.NIZAAM AHAMED,
                      ...  Petitioner

                        Vs



1. THE COMMISSINER OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. SHEJI ABDUL KARIM,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :20/05/2010

 O R D E R
          THOTTATHIL B.RADHAKRISHNAN
           & S.S.SATHEESACHANDRAN, JJ.
          ---------------------------------------
                 W.P.(C)No.15104 of 2010
          ---------------------------------------
        Dated this the 20th day of May, 2010

                       JUDGMENT

THOTTATHIL B.RADHAKRISHNAN, J.

Having regard to the nature of the

directions we issue herein, notice to the 3rd

respondent is dispensed with, reserving his right

to seek re-hearing of this writ petition, if

aggrieved.

2. According to the petitioner, his life

is under threat on account of certain commercial

disputes between him and the private respondent. He

attributes it to certain transactions relating to

partnership etc. He has made representations to

the police complaining about the actions/inactions

of the private respondent touching the business.

We are clear in our mind that it is not for the

police to meddle such situation. But, the

apprehension of the petitioner that he has threat

to life for his peaceful residence in a house in

which he says that he resides in S.R.M.Road, in

Ernakulam and he is feeling apprehensive of

probable invasion to his life and liberty needs to

be addressed.

W.P.(C)No.15104 of 2010

:: 2 ::

3. The concerned police officials under

the control of the 1st respondent will, therefore,

ensure that there is no law and order problem or

any invasion of the life and liberty of the

petitioner and his family. Any complaint regarding

invasion to their peaceful life in that regard will

be appropriately attended to by the police

promptly. Even if the petitioner has some

apprehension for going to his own residence, it is

for him to seek appropriate aid of the local police

by making appropriate applications in which event

the police officer will do the needful, in terms of

what is stated above. It is further clarified that

any such action will only be strictly in accordance

with law.

Writ petition is ordered accordingly.

Sd/-

(THOTTATHIL B.RADHAKRISHNAN)
JUDGE

Sd/-

(S.S.SATHEESACHANDRAN)
JUDGE
sk/
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