IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 24624 of 2011(C) ------------------------------------- PETITIONER(S): ---------------------- P.K.GOPINATHAN NAIR, AGED 67 RETIRED GOVT EMPLOYEE, RESIDING AT JOY VIHAR THURUTHIKKARA PO, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION SASTHAMCOTTA PIN 690 521. 2. SMT. ANUJASREE D/O.RAMACHANDRAN PILLAI, KULATHINTE MELOTTIL VADAKKEMURI, PORUVAZHI PIN 690 520,KOLLAM. 3. RAMACHANDRAN PILLAI KULATHINTE MELOTTIL , VADAKKEMURI, PORUVAZHI 690 520. 4. ANISH CHANDRAN S/O.RAMACHANDRAN PILLAI, KULATHINTE MELOTTIL VADAKKEMURI, PORUVAZHI 690 520. R1 BY SR.GOVT. PLEADER SRI.M.K.ABOOBACKER R2 & R3 BY ADV. SRI.R.KRISHNA RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24624/2011 APPENDIX PETITIONER(S) EXHIBITS P1- COPY OF PLAINT IN OS.252/2010 BEFORE THE MUNSIFF COURT, SASTHAMCOTTA. P2:- COPY OF INJUCTIN ORDER IA.NO.1031/2010 IN OS.252/2010 DT.04.04.2011. P3:- COPY OF PETITION FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.24624 OF 2011 ................................................................... Dated this the 8th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. In this petition under Article 226, the petitioner a senior citizen seeks police protection for his life and limbs from the second respondent - his daughter-in-law, the 3rd respondent- her father and the 4th respondent - her brother. According to the petitioner, there is subsisting threat to his life and limbs from respondents 2 to 4 and the police despite Ext.P3 petition given to them have not taken any action. 2. Mr. M.K. Aboobacker, learned senior Government Pleader, on the basis of the instructions received from the first respondent submitted that the real dispute between the petitioner and the party respondents particularly the second respondent - the daughter-in-law concerns various family issues between them. Munsiff Court, Sasthamcotta is already the seizin of the matter. There is no law and order situation at the moment on account of the dispute. 3. Heard Mr. S. Rajeev, learned counsel for the W.P.(C).NO.24624 OF 2011 : 2 : petitioner and Mr.R. Krishna Raj for the party respondents. The learned counsel for the party respondents addressed us in detail on the basis of the averments in the writ petition as well as in the counter affidavit filed by respondents 2 and 3. Mr. R. Krishna Raj requested that we may refer the writ petition for mediation by one of the mediators attached to the Kerala Mediation Centre. Mr. S. Rajeev would draw our attention to the judgment of this Court in OP(C) No.3074/2011 and submitted that pursuant to the above judgment, the Munsiff Court, Sasthamcotta is seriously considering whether the dispute between the parties can be settled in an Adalath to be conducted under the auspices of the Taluk Legal Services Committee. According to us, as the Munsiff Court, Sasthamcotta is already the seizin of the civil dispute between the parties, it is not necessary to refer the dispute to mediation centre by one of the mediators attached to the Kerala Mediation Centre. The only question we should decide in the writ petition is whether there is any warrant for issuance of police protection as sought for. In our view and particularly in the light of the submission of W.P.(C).NO.24624 OF 2011 : 3 : the learned senior Government Pleader, the issue can be decided only against the petitioner. At the same time, we find that the relationship between the parties have become very much strained and hence we dispose of the writ petition directing the first respondent – Sub Inspector of Police to keep constant vigil and offer protection to the petitioner and party respondents as well as the place of residence and to ensure that the disputes between the petitioner and the party respondents do not give rise to any law and order situation . The writ petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl