Hashim Kutty A.P. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 18231 of 2014 (D) ---------------------------- PETITIONER(S):

-------------------------- HASHIM KUTTY A.P. AGED 70 YEARS S/O.DR.KOYASSAN, AMBALATH VEETTIL, PANDARATHIL CHOOLAPRAM, THRISSUR-680505.

BY ADV. SMT.K.NANDINI RESPONDENT(S):

-------------------------

1. THE STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, SECRETARIAT KERALA STATE, THIRUVANANTHAPURAM, PIN 695001.

2. TH SUB INSPECTOR OF POLICE GURUVAYUR.

3. SAKTHAN KURIES & LOANS (P) LTD., REPRESENTED BY ITS CHAIRMAN, REGD.OFFICE SAKTHAN TOWERS, X555/21, PALLIKKULAM ROAD P.B.No.219, THRISSUR-680 001.

R1 & 2 BY SR.GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18231 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE DATED 12/8/2010. EXHIBIT-P1(A):TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT-P1. EXHIBIT-P2:RELEVANT PAGES OF THE PASSBOOK OF THE 3RD RESPONDENT FINANCIERS. EXHIBIT-P3: TRUE COPY OF THE LAWYERS NOTICE SENT BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT-P4: TRUE COPY OF THE REPLY DATED 24/1/2013 TO EXT.P4 LAWYERS NOTICE. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 18231 of 2014 --------------------------------------------------------------- Dated this the 28th day of October, 2015

JUDGMENT

Shaffique, J This writ petition has been filed seeking police protection. It is alleged that there is severe threat and harassment by the third respondent.

2. It is now submitted by learned counsel for the petitioner that a civil suit O.S. No.86 of 2014 is pending before the Sub Court, Chavakkad, by which the third respondent sought for recovery of money and the case is posted for mediation.

3. Facts being so, we do not think that any direction as sought for is required to be passed in this case. We only observe that if there is any offence committed, it is always open for the petitioner to approach the police, who shall look into the matter and do the needful.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE // True copy // sou.30/10/15