IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33565 of 2011(U) ----------------------------------- PETITIONER(S): ----------------------- SREEDEVI, W/O. ASOKAN, MADHAVA VILASOM, MATHILIL CHERRY, THRIKKADAVOOR, KOLLAM DISTRICT. BY ADVS. SRI.C.RAJENDRAN SMT.DHANYA S.DHARAN SMT.R.S.SREEVIDYA RESPONDENT(S): ------------------------ 1. KOLLAM CITY POLICE COMMISSIONER, KOLLAM DISTRICT-691001. 2. SUB-INSPECTOR OF POLICE, ANCHALUM MOODU POLICE STATION, KOLLAM-691001. 3. BABURAJAN, S/O. LATE MADAVAN, TYVILA VEEDU, MATHILIL CHERRY, THRIKKADAVOOR, KOLLAM DISTRICT-691001. 4. SARAMMA, AGED 47 YEARS, W/O. BABURAJAN,TYVILA VEEDU, MATHILIL CHERRY, THRIKKADAVOOR, KOLLAM DISTRICT-691001. 5. ANUPAMA, D/O. BABURAJA, TYVILA VEEDU, MATHILIL CHERRY, THRIKKADAVOOR, KOLLAM DISTRICT-691001. R1 & R2 BY GOVT. PLEADER SRI. DHANESH MATHEW MUNJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33565 of 2011(U) APPENDIX PETITIONER(S) EXHIBITS EXT.P1: PHOTOCOPY OF THE PLAINT IN O.S. NO. 58/2011 ON THE FILE OF THE MUNSIFF COURT, KOLLAM. EXT.P2: COPY OF THE ORDER IN O.S. NO. 58/2011 ON THE FILE THE MUNSIFF COURT, KOLLAM DATED 24-01.2011. EXT.P3: PHOTOCOPY OF THE PETITION DATED 23-6-2011. EXT.P4: PHOTOCOPY OF THE PETITION DATED 8-12-2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33565 OF 2011 ------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition under Article 226, the petitioner, a lady, seeks police protection directions against the brother - 3rd respondent, the 4th respondent- sister-in-law and the niece- 5th respondent. According to the petitioner, the civil disputes are pending between her and the 3rd respondent. The Civil Court has already issued an order of injunction in favour of the petitioner and against the 3rd respondent. The suit was filed and injunction was obtained when there was an attempt by the 3rd respondent to forcefully evict the petitioner from the house in which the petitioner is a sharer. According to the petitioner, filing of the suit and obtainment of the injunction order has infuriated respondents 3 to 5 and they are now threatening the petitioner with danger to life and limbs. 2. On this writ petition came up for admission before us, Sri.Dhanesh Mathew Manjooran learned Government Pleader has W.P.(C) No. 33565 /2011 2 taken notice on behalf of respondents 1 and 2 and we have heard him also. 3. Having considered the averments in the writ petition, various materials placed on record by the petitioner and the submissions of C.Rajendran learned counsel for the petitioner and those of Sri.Dhanesh Mathew Manjooran, we are of the view that relief to a certain extent can be given to the petitioner even without issuing notice to respondents 3 to 5. Hence, we dispose of this writ petition at this stage itself in the following terms; The 2nd respondent - Sub Inspector of Police is directed to take up Ext.P4 immediately and to conduct a detialed enquiry into the same. As part of the enquiry, the 2nd respondent is free to summon or meet respondents 3 to 5. Statements of respondents 4 and 5 will be taken only in the presence of civil police officer (women). If the enquiry reveals that there is truth in the allegation of the petitioner that threats subsist to her life and limbs from the part of respondents 3 to 5, the 2nd respondent shall take such action as is necessary for protecting the life and limbs of the petitioner. The petitioner is directed to send a copy of this judgment by W.P.(C) No. 33565 /2011 3 registered post acknowledgment due to the 3rd respondent as soon as she gets the same. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33565 /2011 4