Biju Pothen Abraham vs District Police Chief
2021 Latest Caselaw 14870 Ker

WP(C) NO. 24307 OF 2019                    1



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943

                                 WP(C) NO. 24307 OF 2019

PETITIONER/S:

               BIJU POTHEN ABRAHAM
               AGED 49 YEARS
               MANALOOR HOUSE, SHAWALAS LANE, NEAR COLLEGE GATE, NALANCHIRA
               P.O., THIRUVANANTHAPURAM .

               BY ADVS.
               R.SUNIL KUMAR
               SMT.A.SALINI LAL


RESPONDENT/S:

      1        DISTRICT POLICE CHIEF
               OFFICE OF DISTRICT POLICE CHIEF, VAZHUTHACAD, THYCAUD P.O.
               THIRUVANANTHAPURAM 695 014.

      2        INSPECTOR OF POLICE,
               OFFICE OF INSPECTOR OF POLICE, PERRORKADA, THIRUVANANTHAPURAM
               695 013.

      3        SUB INSPECTOR OF POLICE,
               MANNANTHALA POLICE STATION, TRIVANDRUM 695 012.

      4        RITHESH URKARD,
               BILKIS ASSOCIATES, MORIYA LAND MARK II -201, NEAR INFINITY
               MALL, NEW OFF LINK ROAD, MUMBAI 400053.

              BY ADVS.
              SRI.M.GOPIKRISHNAN NAMBIAR
              SRI.K.JOHN MATHAI
              SRI.JOSON MANAVALAN
              SRI.KURYAN THOMAS
              SRI.PAULOSE C. ABRAHAM
              SMT.NAYANPALLY RAMOLA


OTHER PRESENT:
            SRI.N.B.SUNIL NATH, GP


       THIS    WRIT       PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24307 OF 2019              2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.24307 of 2019
                     --------------------------------------
                 Dated this the 15th day of July, 2021


                                JUDGMENT

The above writ petition is filed with the following

prayers :

i. "To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to grant adequate protection to the life of the petitioner and from the illegal threats of the 4 th respondent and his hench men.

ii. To grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. According to the petitioner, there is physical threat

from the 4th respondent in connection with some dues in the

credit card issued to the petitioner from HSBC Bank.

3. Today, when the matter came up for consideration,

the counsel for the 4th respondent submitted that the

allegation in the writ petition is absolutely incorrect. The

counsel submitted that the Bank is free to take necessary steps

in accordance to law for recovery of dues in the credit card.

But, the allegation that there is physical threat from the

side of the 4th respondent is not correct. The Government

Pleader also submitted that the allegation in the writ petition

is not correct and there is no threat to the petitioner, as

alleged. If there is any threat to the life of the petitioner, the

Police will do the needful.

In the light of the above submission by the Government

Pleader and the 4th respondent, this writ petition is closed,

recording the same.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 24307/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER DATED 17/8/2019.

EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT SHOWING RECEIPT OF EXHIBIT P-1.