High Court Kerala High Court

Jamaludheen vs Superintendent Of Police on 25 February, 2010

Kerala High Court
Jamaludheen vs Superintendent Of Police on 25 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29439 of 2009(Y)


1. JAMALUDHEEN,
                      ...  Petitioner

                        Vs



1. SUPERINTENDENT OF POLICE,KOLLAM.
                       ...       Respondent

2. S.I.OF POLICE,

3. HAMEED,

4. AJMEER,

                For Petitioner  :SRI.BIMAL K.NATH

                For Respondent  : No Appearance

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

 Dated :25/02/2010

 O R D E R
          K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
        ------------------------------------------------------
                W.P.(C) No.29439 of 2009-Y
           ----------------------------------------------
          Dated, this the 25th day of February, 2010

                         J U D G M E N T

K.M.Joseph, J.

The prayers in the writ petition are as follows:–

“i. to issue a writ of mandamus or any other

appropriate writ, order or direction, directing the

Ist and 2nd respondents to provide adequate police

protection to the life of the petitioner and his

family members from the threat of the 3rd and 4th

respondents.

ii. to issue a writ of mandamus or any other writ,

order or direction directing the Ist and 2nd

respondents to take appropriate steps in Exhibit P1

and P2 complaints.”

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

follows:– The 3rd respondent requested the petitioner to help

him to obtain a visa for better employment abroad. Petitioner

introduced one Rahim residing in Ernakulam who is known to

be an agent for providing visa to whom the petitioner had a

WPC 29439/2009 -2-

little acquaintance. It is stated that at the time of introducing

Rahim petitioner had told to the 3rd respondent to deal directly

and that the petitioner will not take any responsibility. It is

stated that subsequently the 3rd respondent told the petitioner

that they had given a sum of Rs.1,60,000/- to Rahim for

providing visa for certain job and that a visa was given to him

for a job which was contrary to the agreement between them.

It is heard thereafter that Rahim cheated respondents 3 and

4 and had not given the visa as per the agreement. In short,

the allegation is that there is a threat to the life of the

petitioner from respondents 3 and 4.

3. Though served, there is no appearance for

respondents 3 and 4. We heard the learned counsel for the

petitioner and learned Government Pleader.

The writ petition is disposed of directing

respondents 1 and 2 to provide adequate police protection to

the life of the petitioner and his family members as and when

required by the petitioner from respondents 3 and 4. We,

however, make it clear that this will not stand in the way of

any investigation being done in accordance with law in respect

WPC 29439/2009 -3-

of any offence committed by any of the parties.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS