High Court Kerala High Court

M.S.Mani vs The Commissioner Of Police on 18 October, 2010

Kerala High Court
M.S.Mani vs The Commissioner Of Police on 18 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31715 of 2010(L)


1. M.S.MANI, KALAKAUMUDI GARDENS,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER OF POLICE,
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER OF POLICE,

3. THE CIRCLE INSPECTOR OF POLICE,

4. THE SUB INSEPCTOR OF POLICE,

5. M.S.RAVI, PLAMOOD HOUSE,

6. DEEPU RAVI, PLAMOOD HOUSE,

7. DARSHAN RAVI,

                For Petitioner  :SRI.JOSEPH KODIANTHARA (SR.)

                For Respondent  :SRI.M.PATHROSE MATTHAI (SR.)

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :18/10/2010

 O R D E R
            K.M.JOSEPH & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      W.P.C.No.31715 of 2010
                    ----------------------------------------
             Dated this the 18th day of October 2010

                          J U D G M E N T

K.M.JOSEPH,J

The petitioner has approached this Court seeking the

following reliefs:

i) direct the 1st to 4th respondents by issue of

a writ of mandamus or such other appropriate

writ, direction or order to forthwith afford

adequate and effective police protection for the

life of the petitioner and for free ingress and

egress to and from the registered and corporate

office of Kerala Kaumudi Private Limited,

Kaumudi Building, Petta, Thiruvananthapuram –

69 024 against any obstruction, threat or

violence from the 5th to 7th respondents, their

agents/followers.

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

3. The petitioner is the Chairman and Chief Editor of

Kerala Kaumudi News Paper owned by Kerala Kaumudi Private

Limited. The 5th respondent is the petitioner’s youngest brother

and the 6th and 7th respondents are the petitioner’s nephew and

W.P.C.No.31715 of 2010 2

children of the 5th respondent. There is a reference to orders

passed by the Company Law Board. According to the petitioner,

the petitioner along with a nominee of respondents 5 to 7 along

with another are entitled to sign the cheques of the Company in

terms of the order passed by the Company Law Board as it

stands now. About this, there is no dispute. The learned senior

counsel for the petitioner would submit that the description of

the assailant as the 7th respondent is a typographical error and it

is the 6th respondent as can be seen from the complaint. The

complaint is that while so, the 6th respondent is alleged to have

assaulted the petitioner and accordingly the petitioner is before

this Court after having filed a complaint. A counter affidavit is

filed by the 6th respondent.

4. We have heard the learned senior counsel appearing

for the petitioner and the learned senior counsel appearing for

the 6th respondent besides the learned Additional Director

General of Prosecutions. The learned ADGP would submit that

on the basis of the complaint filed by the petitioner, a crime has

been registered as Crime No.835/2010 under Section 323 and

506(i) I.P.C. Whatever that be, the learned senior counsel for

W.P.C.No.31715 of 2010 3

respondents 5 to 7 would submit that respondents 5 to 7 have

absolutely no intention to cause any threat to the life of the

petitioner and they will only prosecute the matter before the

proper forum.

5. We record the submission and close the writ petition.

(K.M.JOSEPH, JUDGE)

(M.C.HARI RANI, JUDGE)
jsr

// True Copy// PA to Judge

W.P.C.No.31715 of 2010 4

W.P.C.No.31715 of 2010 5

K.M.JOSEPH & M.C.HARI RANI, JJ.

.No. of 200

ORDER/JUDGMENT

30/082010