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 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 26246 of 2008(Y) -------------------------- PETITIONER(S): --------------- ALIKKUTTY @ THANKAMMA, PULIKKATHOTTATHIL HOUSE, PULPALLY.P.O, THAZHAYANGADI, WAYANADU DISTRICT. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, WAYANAD. 2. CIRCLE INSPECTOR OF POLICE, VANITHA CELL PULPALLY, WAYANAD. 3. SUB INSPECTOR OF POLICE, PULPALLY, WAYANAD. 4. P.N.SIVAN, VICE PRESIDENT, PULPALLY GRAMA PANCHAYATH, PULPALLY, WAYANADU. ADV. SRI.T.G.RAJENDRAN FOR R4 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26246/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 24.7.2007 BEFORE THE 3RD RESPONDENT. EXT.P2 - TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 24.7.2007 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXTS. EXT.R4(a) – TRUE COPY OF THE COMPLAINT MADE BY THE PULPALLY PANCHAYATH AGAINST THE WRIT PETITIONER IN OCTOBER, 2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 26246 OF 2008-Y ----------------------------------------- Dated 30th September, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the President of Akshara Kudumbashree in Ward XV of Pulpally Grama Panchayat, Wayanad district. The 4th respondent is the Vice President of the said Grama Panchayat. According to the petitioner, the said respondent is incessantly threatening and harassing her. He uses filthy language whenever he meets her. He also threatened to kill her and her children by engaging goonda gangs. So, the petitioner filed Ext.P1 representation before the S.I of Police, Pulpally, seeking necessary protection to her and her children, which was followed by Ext.P2 representation before the C.I of Police, Vanitha Cell, Kalpetta, highlighting her grievances. Alleging that the police have not taken any effective action, this writ petition is filed. WPC 26246/08 2 2. The learned Government Pleader, upon instructions, submitted that the representations were received by the police. Since no cognizable offences were disclosed, no crime was registered. 3. The 4th respondent has filed a counter affidavit, denying all the allegations against him. He submits that he has filed a private complaint before the Judicial First Class Magistrate – II, Sulthanbathery against the petitioner for the offences punishable under Sections 294(b) and 499 of the I.P.C. He further submits that the petitioner is responsible for the shortage of cash in the account of the Kudumbashree managed by her. This writ petition has been filed only to harass him. 4. Having regard to the facts of the case, we feel that if there is any further harassment from the part of the 4th respondent, the petitioner is entitled to get necessary police protection. If any instance of harassment by the 4th respondent is brought to the notice of the 3rd respondent by the petitioner, the said respondent shall look into the same and take necessary action in accordance with law. If there is any threat to her life or to her family members, then also the 3rd respondent WPC 26246/08 3 shall render necessary protection, on being alerted. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/