Hamza vs District Police Chief, Malappuram, District Police Office, Up Hill, Malappuram, Kerala

P.V.Kunhikrishnan, J

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.â€​

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 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.

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.â€​

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 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.