Babukuttan v. The City Police Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 18769 of 2015 (U) ---------------------------- PETITIONER(S):

-------------------------- BABUKUTTAN, AGED 47 YEARS, S/O. PAPPACHAN, PACHANKULATHU BETHEL, MANAPPALLY SOUTH, S.R.P. MARKET, KARUNAGAPPALLY. BY ADV. SRI.AJAYA KUMAR. G.

RESPONDENT(S):

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

1. THE CITY POLICE COMMISSIONER, KOLLAM CITY, OFFICE OF THE CITY POLICE COMMISSIONER, KOLLAM, PIN-691 001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY, KOLLAM-690 518.

3. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY, KOLLAM-690 518.

4. NOBLE JOHN, AGED 56 YEARS, S/O. K.M.JOHN, KUZHIMURIYIL HOUSE, CHAYALODU, EZHAMKULAM, ADOOR, KOLLAM.

5. REGHUNATHAN, DIRECTOR, CAPSTONE GRANITE (P) LTD., MEELILA, THONNIKKAL, MAKKANNOOR VILLAGE, KOLLAM.

6. SABU JOSEPH, MANAGER, DIRECTOR, CAPSTONE GRANITE (P) LTD., MEELILA, THONNIKKAL, MAKKANNOOR VILLAGE, KOLLAM.

R1 TO R3 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 18769 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:- P1 :

COPY OF THE NOTICE DATED 12.06.2015 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.

P2 :

COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 16.06.2015.

P3 :

COPY OF THE ENGLISH TRANSLATION OF EXT.P2.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.P (C) No. 18769 of 2015 ================== Dated this, the 23rd day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 4, 5 and 6 in view of the judgment which is being passed. 2.

Petitioner's case in the writ petition is that respondents 4 to 6 owe certain money to the petitioner on account of his employment which has not yet been paid. He submits that he has received threat from the private respondents with regard to which he has already filed Ext.P3 complaint dated 16th June, 2015. 3.

Learned Government Pleader after obtaining instructions submits that complaint was received and thereafter police made enquiries and came to know that there is no threat to the life of the petitioner since the respondents are residing in another district and according to the petitioner, he received threat by telephone. A perusal of Ext.P3 also does not indicate any

W.P (C) No. 18769/2015 -:2:- cause of action for directing any investigation or enquiry. Present is not a fit case for issuing any direction for police protection. We only observe that in the event any offence or attempt to offence is committed, it shall be open for the petitioner to file a complaint. Writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge