IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 20476 of 2008(K) -------------------------- PETITIONER: ------------ RETNAMMA, AGED 74 YEARS, W/O.SANKARA PILLAI, KANNANKARA KIZHAKKETHIL VEETTIL, KEERIKKADU P.O. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA. 3. GOPALAKRISHNAN, AGED 45 YEARS, KANNANKARA KIZHAKKETHIL, KEERIKKADU P.O. 4. ROHINI, W/O.GOPALAKRISHNAN, KANNANKARA KIZHAKKETHIL, KEERIKKADU P.O. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.G.ANANTHANARAYANAN FOR R3 &R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20476/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE GIFT DEED EXECUTED BY THE PETITIONER INF AVOUR OF THE 3RD RESPONDENT DATED 22.6.07. EXT.P2: TRUE COY OF THE COMPLAINT FILED BY THE PETITIONER DATED 18.5.08 BEFORE THE 2ND RESPONDENT AGAINST THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE CANCELLATION DEED EXECUTED BY THE PETITIONER DATED 13.6.08. EXT.P4: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 15.6.08 BEFORE THE 2ND RESPONDENT AGAINST THE 3RD RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.20476 OF 2008 ----------------------------------------------------- DATED THIS THE 5th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that respondents 3 and 4 are physically threatening her and manhandling her. Though, she moved the police by filing Exhibit P4 representation, no help is forthcoming, it is submitted. The petitioner assigned a small plot of land having an extent of 4.8 ares in survey No.20/6 of Keerikkadu Village, Karthikappalli Taluk in favour of the 3rd respondent, who is the son of the brother of the petitioner. 4th respondent is the wife of the 3rd respondent. Immediately after the execution of the gift deed, the attitude of respondents 3 and 4 towards her changed. Therefore, she executed Exhibit P3 deed cancelling Exhibit P1 gift deed. Infuriated by that, respondents 3 and 4 manhandled her. In the above background, this Writ Petition is filed. 2. The respondents 3 and 4 emphatically denied the allegations against them. It is submitted that the gift deed in favour of the 3rd respondent has taken effect, he has accepted the gift, carried out mutation and substantial improvements were made in the property W.P.(C)No.20476/08 -2- expending the money belonging to the 4th respondent. It is also submitted that they are looking after the petitioner and her husband and the allegations to the contrary are not correct. 3. We heard the learned Government Pleader appearing for the respondents 1 and 2 also. 4. If there is any threat to the life of the petitioner or her husband from the part of respondents 3 and 4, she may inform the 2nd respondent. In that event, the said respondent shall look into the same and if the allegation is found correct, he shall extend necessary protection to the life of the petitioner and her husband The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn