IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27671 of 2010(H) -------------------------- PETITIONER: ------------- JOHNSON MATHEW, S/O,. LATE MATHAI, AGED 46 YEARS,ARRAKKAKUDIYIL HOUSE, RAJAKUMARI SOUTH PO, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY , DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, IDUKKI, CIVIL STATION,KUYILIMALA , IDUKKI-685 602. 3. THE SUB INSPECTOR OF POLICE, SANTHAMPARA POLICE STATION,SANTHAMPARA.PO-685 619. 4. K.SUNNYCHAN,CONSTABLE,SANTHAMPARA POLICE STATION,RESIDING AT POLICE QUARTERS, SANTHAMPARA-685 619. 5. SMT.SOLLY,W/O.BABY,PARAPURATH HOUSE, KAJANAPARA,IDUKKI DISTRICT- 685 602. BY GOVT.PLEADER SHRI T.K.VIPIN DAS FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & T.R.RAMACHANDRAN NAIR,JJ. --------------------------------------------------------------- W.P.(C)No.27671 Of 2010 ----------------------------------------------------- DATED THIS THE 7th DAY OF SEPTEMBER, 2010 JUDGMENT K.M.JOSEPH, J. In the Writ Petition, the prayer of the petitioner is as follows: (i) Call for the records related to the Exhibits produced and issue raised in the Writ Petition; (ii) issue a writ of mandamus directing the 2nd respondent-Superintendent of Police to afford adequate protection to the life of the petitioner by employing Constables from a Police Station other than the Santhampara Police Station and (iii) to issue a writ of mandamus direction to the 3rd respondent to register case and investigate the committal of offences by the 4th and 5th respondents and their henchmen in accordance with law, as directed, vide Exhibit P1 by the Judicial First Class Magistrate Court, Nedumkandam. 2. We heard the learned counsel appearing for the petitioner and the learned Government Pleader. 3. Briefly put, the case of the petitioner is as follows: W.P.(C)No.27671/10 -2- 5th respondent is the sister of the petitioner. He was deserted by her husband. The 4th respondent is a married man. He is having illicit relationship with the 5th respondent. The petitioner filed a complaint before the Judicial First Class Magistrate Court, Nudumkandam as against the 4th and 5th respondents and three identifiable persons. The petitioner has 1 Acre 95 cents of property and the 5th respondent has 53 cents of property. The 4th respondent is instigating the 5th respondent to encroach upon the petitioner's property. Various allegations are raised, in particular, to the effect that the party respondents are attempting to reduce the property to their own. Exhibit P1 is a complaint filed by the petitioner before the learned Magistrate. It is the complaint of the petitioner that so far no crime has been registered. Thereafter, it is stated that the petitioner has approached the 2nd respondent with Exhibit P2 complaint that the 4th respondent is causing threat to the petitioner's life. It is stated that the 3rd respondent has not registered any crime against respondents 4 and 5, even despite direction of the learned Magistrate. 4. We heard the learned counsel for the petitioner and the learned Government Pleader. W.P.(C)No.27671/10 -3- 5. We think that the petitioner cannot claim any relief in this Writ Petition and it is for the petitioner to approach the civil court, if he is so advised. However, we make it clear that in case the petitioner has complained commission of any cognizable offence before the official respondents, the official respondents concerned shall take action in accordance with law. The Writ Petition is disposed of as above. K.M.JOSEPH, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. dsn