Joseph Santiago v. State Ofkerala
Case brief
What is this about?
The High Court closed a writ petition alleging police inaction regarding threats and coercion by a money lender. The court found no reason to interfere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 8TH DAY OF APRIL 2013/18TH CHAITHRA 1935
WP(C).No. 6684 of 2013 (I)
PETITIONER(S) :
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JOSEPH SANTIAGO R, S/O JOSEPH,AGED 35 YEARS ILLIPPARAMBIL HOUSE, MARTINPURAM ROAD MARADU POST, ERNAKULAM DISTRICT.
BY ADV. SRI.SHERRY J. THOMAS
RESPONDENT(S) :
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1. STATE OFKERALA, REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001
2. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, ERNAKULAM DISTRICT- 682506
3. SURENDRAN PILLAI , AGED 50 YEARS FATHER'S NAME NOT KNOWN, HOUSE NO.83, SOCIETY ROAD MARADU-682 304.
R1 BY GOVERNMENT PLEADER SRI.P.A. MOHAMMED SHAH R3 BY ADVS. SRI.T.K.RAJESHKUMAR SMT.RESHMA RATNALAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 6684 of 2013 (I)
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: THE RUE COPY OF THE PURCHSE ORDER ISSUED BY M/S. PARLE AGRO PRIVATE LIMITED.
EXHIBIT P2: TRUE PHOTO COPY OF THE MEDICAL SUMMARY.
EXHIBIT P3: TRUE COPY OF THE PETITION DATED 6.3.13 FILED BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
-----------------------------------------------------------W.P.(C) No.6684 of of 2013 ----------------------------------------Dated, this the 8th day of April, 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court complaining of inaction by the police in giving protection.
Petitioner has recently undergone a surgery and advised to take bed rest. The petitioner used to conduct event management business on small scale extent and accordingly, he has connections with various firms offering market promotions such as M/s.Parle etc. Since the business was not profitable for a couple of years, the petitioner was not taking new events. However, when he got a new offer from M/s.Parle, the 3rd respondent who is a money lender knowing the state of affairs of the petitioner, approached him and offered to do the work for the petitioner. Persuaded by the 3rd respondent, the petitioner accepted the work,but since the same was not done properly, the company refused payment to him and directed for effecting some corrections. The petitioner was again forced to spend amount towards printing etc. Be that it so, the 3rd respondent is making a claim that, he spent fund and the petitioner need to return it soon. Petitioner informed that, after making the correction
W.P.(C) No.6684 of of 2013 2
works and getting funds from M/s.Parle, the claim of the 3rd respondent can be attended if any, provided proper accounts are given. But, the 3rd respondent is not amenable for this, and he being a person with influence and muscle power, is practising coercion and pressure over the petitioner and his family to obtain signed blank cheque leaves and stamp papers for his illegal claim. Petitioner and his family are not able to withstand the duress and threat extended from the 3rd respondent and his henchmen and a petition is filed before the 2nd respondent. Since a speedy action is necessary, this writ petition is filed.
(K.M.JOSEPH) JUDGE.
( K.RAMAKRISHNAN) JUDGE.
MS
Joseph Santiago R
State of Kerala
Sub Inspector of Police, Panangad
Surendran Pillai
K.M. Joseph
K. Ramakrishnan
As recorded by the court registry
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