High Court Kerala High Court

Thaha vs The State Of Kerala on 8 September, 2010

Kerala High Court
Thaha vs The State Of Kerala on 8 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22181 of 2010(W)


1. THAHA, AGED 37 YEARS, S/O.JAMALUDEEN,
                      ...  Petitioner
2. ABDUL JABBAR, AGED 35 YEARS,

                        Vs



1.  THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. P.P.MUHAMMED, AGED ABOVE 55 YEARS,

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  :SRI.C.KHALID

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/09/2010

 O R D E R
        K.M.JOSEPH & T.R.RAMACHANDRAN NAIR, JJ.
         ------------------------------------------------------
                  W.P.(C) No.22181 of 2010-W
             ----------------------------------------------
          Dated, this the 8th day of September, 2010

                           J U D G M E N T

K.M.Joseph, J.

Petitioners have approached this Court seeking the

following relief:

“to issue a writ of mandamus or other appropriate writ
order or direction directing the respondents 2 and 3 to
provide adequate and sufficient police protection to the
life of the petitioners their family members.”

2. The case of the petitioners in short is as follows:

There is threat to their lives and the lives of their family

members from the 4th respondent and two others. This is on

the basis that the brother of the petitioners’ Tahir owed

amounts to them. Tahir is in Dubai and he stated to the

petitioners that he had not borrowed any amount as alleged

by the trespassers.

3. The 4th respondent denies the allegations

made by the petitioner. A counter affidavit is filed by the 4th

respondent wherein cheques alleged to have been given by

Tahir have been produced. In view of the facts of the case,

the writ petition is disposed of as follows:

As and when petitioners bring to the notice of the

WPC No.22181/2010 -2-

3rd respondent any threat from the 4th respondent to their lives

or the lives of their wives, their children, their aged mother

and their elder sister from the 4th respondent, the 3rd

respondent shall look into the same and if the complaint of

threat is found to be genuine, he shall afford sufficient police

protection to the lives of the petitioners, the lives of their

wives, their children, their aged mother and their elder sister

from the 4th respondent. We make it clear that, if the matter

comes before any Court/forum in a lis between the parties,

the Court/forum shall proceed to decide the same

untrammelled by anything contained in this judgment.

(K.M.JOSEPH)
JUDGE.

(T.R.RAMACHANDRAN NAIR)
JUDGE.

MS