The High Court of Kerala dismissed a writ petition seeking police protection and mandatory action against a bank secretary who allegedly threatened the petitioner's disabled wife over a loan default, noting a lack of material to establish illegal threats and directing authorities to act if cognizable offences are revealed.
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.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
WP(C).No. 40576 of 2018
PETITIONER/S:
FRANCO BAISAL, AGED 34 YEARS, S/O.BAISAL, RESIDING @ MINI HOUSE, PEOPLES NAGAR 130, PATTATHANAM.P.O, KARPOORAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM, KERALA, PIN-691001.
BY ADVS.
SRI.R.KISHORE (KALLUMTHAZHAM) SMT.P.SREESHA
RESPONDENT/S:
1 STATE OF KERALA, TO BE REPRESENTED BY SECRETARY, HOME AND VIGILANCE, SECRETARIAT, TRIVANDRUM-695001.
2 STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
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OTHER PRESENT:
SRI P P THAJUDHEEN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 40576/2018
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JUDGMENT
Ashok Menon, J.
The petitioner, his wife and aunt borrowed a sum of Rs.one lakh from the 6th respondent, the Secretary of a Cooperative Bank. Due to financial crisis and unemployment, the petitioner was not able to repay the debt on time. Without resorting to the legal means of realising the amount, the 6th respondent approached the petitioner and threatened his wife, who is a patient of paralysis with 85% disability, resulting in her health conditions getting worse. Ext.P1 is the disability certificate pertaining to petitioner's wife. The property of the petitioner, which is mortgaged to the 6th respondent, is worth of more than Rs.10 lakhs. Despite that, the 6th respondent and his henchmen are constantly threatening and intimidating the petitioner and his family.
are the copies of complaints filed by the petitioner before
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respondents 3 and 5 respectively. Hence, the petitioner seeks a writ of mandamus directing respondents 3 and 5 to provide adequate police protection and also to direct the 3rd respondent to take appropriate action on the basis of Ext.P2 complaint filed by the petitioner.
appearing for respondents 1 to 5 and the learned Counsel for the petitioner.
Service Co-operative Bank. It is the admitted case of the petitioner that his property worth Rs.10 lakhs has been mortgaged to the bank as security for the loan availed by him. There is absolutely no other material to indicate that the 6th respondent, as Secretary of the Bank, was threatening and the petitioner and members of his family for realisation of the debt. The petitioner is at liberty to approach the jurisdictional Court for action in case the police authorities are not taking action on the basis of
the complaints lodged by him. In case a complaint
revealing cognizable offence is received by respondents 3
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to 5, they shall take appropriate action in accordance with
law. With these observations, the Writ Petition is
dismissed. No order as to costs.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ASHOK MENON
JUDGE
dkr
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITIONERS WIFE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL KOLLAM DATED 28/01/2011. EXHIBIT P2 TRUE COPY OF THE PETITION FILED BEFORE THE 3RD RESPONDENT DATED 7TH DAY OF DECEMBER 2018. EXHIBIT P3 TRUE COPY OF THE PETITION FILED BEFORE THE 5TH RESPONDENT DATED 07/12/2018.
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus directing police authorities to provide protection and take action on complaints filed regarding threats and intimidation by a bank secretary f
Franco Baisal
State of Kerala
State Police Chief
Superintendent of Police Kollam
Circle Inspector of Police, East Police Station Kollam
Sub Inspector of Police East Police Station Kollam
K.Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
