IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 14322 of 2008(E) ----------------------------------------- PETITIONER: -------------------- M. MEHARBAN, D/O.MOHAMMED ILLYAS, SHAHITHA MANZIL, EDAVOORKONAM P.O.,PUTHUSSERYMUKKU, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: -------------------------- 1. SHAJAHAN, S/O. IBRAHIMKUNJU, REP. BY HASHIM, POWER OF ATTORNEY KUNNUMPURATHU VEEDU, EDAVOORKONAM P.O., PUTHUSSERYMUKKU, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. 2. FAZLUDEEN, KUNNUMPURATHU VEEDU,PUTHUSSERYMUKKU, EDAVOORKONAM P.O., KALLAMBALAM, THIRUVANANTHAPURAM. 3. HASHIM, S/O. IBRAHIMKUNJU, KUNNUMPURATHU VEEDU,PUTHUSSERYMUKKU, EDAVOORKONAM P.O., KALLAMBALAM,THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM P.O. 5. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14322/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPORT OF THE AMIN REGARDING THE ATTACHMENT OF PROPERTY IS PRODUCED HEREWITH NO.2794 DTD. 24/11/1987. EXT.P2: COPY OF THE REPRESENTATION FORWARD TO THE RESPONDENT ON 2/05/2008. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 14322 OF 2008 ============================ DATED THIS THE 12th DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is the mother in law of the first respondent. The first respondent is stated to be an insane person. The petitioner is residing along with her daughter and grand children. The first respondent and his brothers, who are respondents 2 and 3, are threatening and harassing the petitioner and her daughter and grandchildren. In the above background, this writ petition was filed seeking protection to the life of the petitioner, her daughter and grand children. They are residing in a house bearing No.KO III/1137 of Kudavoor Grama Panchayath. They pray that the police may be directed to give protection against forcible eviction from that building. The petitioner has preferred Ext.P2 representation before the police seeking protection, but no action has been taken, it is submitted. Though notice was served on respondents 1 to 3, they have chosen for not to appear before this Court to contest the case. WPC. 14322/2008 -2- 2. The learned Government Pleader, upon instructions, submitted that pursuant to the receipt of Ext.P2, the parties were summoned to the police station. But the petitioner did not appear. The first respondent is understood to be abroad. Respondents 2 and 3 have appeared before the police. They were strictly warned against creating any problem, it is submitted. If there is any threat to the life of the petitioner, her daughter and grand children, the petitioner may inform the 4th respondent and in that event the 4th respondent shall look into the same and render necessary protection to them as the occasion demands. Right to reside in the aforementioned building will be subject to the orders of the civil court or other competent statutory forum. This writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.