IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13519 of 2011(L) ---------------------------------- PETITIONER(S): ------------------- UDAYAKUMAR,AGED 48 YEARS, S/O.K.N.UTTAPPAN, SAVANTHARAM HOUSE, KAKKAKOTTOOR,AMBALATHUMKALA PO, EZHUKONE VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): --------------------- 1. THE SUB-INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT - 691 506. 2. CIRCLE INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT - 691 506. 3. ANILKUMAR,AGED 39 YEARS, S/O.GOPINATHAN, ABNIL BHAVAN, KAKKAKOTTOOR , AMBALATHUMKALA PO, EZHUKONE VILLAGE, KOLLAM DISTRICT - 691 506. R1 & R2 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13519/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DATED 06/05/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.13519 of 2011-L ***************************** Dated this the 26th day of May, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court for an order for protection of the life of the petitioner and his family members. The petitioner apprehends harm to his life and person from the 3rd respondent, who is none other than his brother in law, ie. his wife's brother. 2. According to the petitioner, the petitioner's wife and the 3rd respondent are joint owners of an item of property. The 3rd respondent is unjustifiably demanding surrender of her rights in that property. The petitioner and his wife are unwilling to execute any documents surrendering the rights. The petitioner is being threatened by the 3rd respondent with this demand. Police protection may, in these circumstances, be ordered, submits the learned counsel for the petitioner. 3. The 3rd respondent, though served, has not chosen to enter appearance. The learned Government Pleader submits that respondents 1 and 2 have not received any complaint from the petitioner alleging existence of any threat from the 3rd W.P(C) No.13519 of 2011-L 2 respondent. Respondents 1 and 2 have enquired about the matter. In their perception, there is no threat to the life of the petitioner. The 3rd respondent had filed complaints against the petitioner and the learned Government Pleader submits that the police officials apprehend that this is only a retaliatory action taken by the petitioner. At any rate, the learned Government Pleader submits that if there be any threat to the life or person of the petitioner, the petitioner shall be at liberty to lodge a complaint before respondents 1 and/or 2 and thereupon necessary action in accordance with law to abate such threat shall be taken by the police. No further specific directions are necessary, it is submitted. Ext.P1 complaint has not been received by the police, submits the learned Government Pleader. 4. We have considered all the relevant circumstances. We are not able to perceive any threat to the life or person of the petitioner. We accept the submissions of the learned Government Pleader on that aspect. If there be any such threat, needless to say, the petitioner shall be at liberty to complain and we accept the submission of the learned Government Pleader that the needful shall be done in the matter by the police if any such genuine complaint is received. W.P(C) No.13519 of 2011-L 3 5. Recording the above submission of the learned Government Pleader, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/