Kerala High Court
Hamza vs District Police Chief on 23 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
WP(C) NO. 8438 OF 2020
PETITIONER:
HAMZA,
AGED 54 YEARS
S/O.MUHAMMED HAJI, PARAPURATH HOUSE, ANANTHAVOOR P.O.,
TIRUR, MALAPPURAM - 676 301.
BY ADVS.
P.C.ANIL KUMAR
SRI.MANU.M.THOMAS
SMT.P.SREESHA
RESPONDENTS:
1 DISTRICT POLICE CHIEF,
MALAPPURAM, DISTRICT POLICE OFFICE, UP HILL,
MALAPPURAM, KERALA - 676 505.
2 STATION HOUSE OFFICER,
KALPAKACHERI POLICE STATION, VAILATURE PUTHANATHANI
ROAD, KADUNGATHUKUNDU TOWN, KALPAKANCHERY, MALAPPURAM -
676 551.
3 ABDUL RAHMAN,
S/O.KUNHAMED, AGED 58 YEARS, THEKKESSERY HOUSE,
P.O.KODAKCAL, KOALUPALAM, MALAPPURAM - 676 102.
4 AHAMMED KUTTY,
S/O.ALAVI, AGED 49 YEARS, POOVATHINKANNY HOUSE,
AREACODE P.O., VALIYAPUZHA, MALAPPURAM - 673 639.
5 ABDULLA KOYA,
S/O.MAANU MUSALIYAR, AGED 49 YEAR, PARAKKUTHU VEETTIL,
MELANGADI P.O., KONDOTTY, MALAPPURAM - 673 638.
R1 & R2 BY ADV.SRI.N.B.SUNILNATH, GOVERNMENT PLEADER
R3 TO R5 BY ADVS.
SRI.K.J.SAJI ISAAC
DR.ELIZABETH VARKEY
SRI.JITHIN SAJI ISAAC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8438/2020
2
JUDGMENT
Dated this the 23rd day of June 2021
This Writ Petition is filed seeking the
following reliefs:
"I. Issue a Writ of mandamus or any
other Writ directing the 2nd respondent
to provide adequate protection to the
life of the petitioner and his
property.
II. Pass such any other order,
direction or reliefs as this Hon'ble
Court may deem fit in the interest of
justice, equity and good conscience."
2. According to the petitioner, he is a
resident of Tirur Taluk in Malappuram District.
He submits that, respondent Nos.3 to 5 are real
estate and blade money lenders. The petitioner
submits that, he borrowed an amount of
Rs.5,00,000/-(Rupees Five lakhs only) from one
Mr.Muhammadali by mortgaging the petitioner's
Innova car bearing Registration No.KL 55 S 4545.
In connection with that transaction, the
WP(C) NO. 8438/2020
petitioner herein was forced to handover certain
cheques and stamp papers. Subsequently, the 3rd
respondent herein advanced the amount to clear
the debts to Muhammadali and he collected the
above cheques and stamp papers from Muhammadali.
The petitioner contended that he has no financial
transaction with respondent Nos.4 and 5 and he
apprehends threat from them demanding money.
Hence, the above writ petition is filed.
3. When this Writ petition came up for
consideration, this Court passed the following
order on 18.03.2020, which reads as follows:
"Urgent notice to respondents 3 to 5 by
speed post. Learned Government Pleader
takes notice for respondents 1 and 2.
The Police shall accord necessary
protection to the life of the petitioner
if there is any threat on the side of
party respondents."
4. Now the learned counsel for the
respondent Nos.3 to 5 submitted that the
averments in the Writ petition are absolutely
incorrect and there is no such threat from their
WP(C) NO. 8438/2020
side towards the petitioner. The learned
Government Pleader also submitted that the
allegations in the Writ petition and the contents
in Ext.P1 are not correct and there is no threat
as alleged by the petitioner. In such
circumstances, this Writ petition can be closed.
Therefore, the Writ petition is closed
recording the submission of respondent Nos.3 to 5
to the effect that there is no threat to the life
of the petitioner from them. I make it clear
that, if there is any threat to the life of the
petitioner, the petitioner is free to approach
the 2nd respondent and the 2nd respondent will do
the needful in accordance with law.
With the above observations, the Writ
Petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 8438/2020
APPENDIX OF WP(C) 8438/2020
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE PHOTO COPY OF THE COMPLAINT
DATED 02/03/2020 FILED BEFORE THE 2ND
RESPONDENT.
