IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34630 of 2011(C) -------------------------- PETITIONER(S): --------------- RAJESHWARI AMMA, D/O. DAKSHAYANI AMMA, AGED 60 MANCHAKUNNU VEEDU, VENKULAM, EDAVA P.O. THIRUVANANTHAPURAM DISTRICT. 2.JANARDANA PILLAI MANCHAKUNNU VEEDU, VENKULAM, EDAVA PO THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, VARKALA, PIN 695141 2 . PRATHAPAN, S/O. JANARDANAN PILLAI, AGED 38 PARAYIL KUNNATHU VEEDU, VENKULAM, EDAVA P.O. PIN 695311, THIRUVANANTHAPURAM. 3. RAJEEV, S/O. JANARDANA PILLAI, AGED 36 PARAYIL KUNNATH VEEDU, VENKULAM, EDAVA PO PIN 695311 4. STATE OF KERALA, REP. BY SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695004. BY GOVT.PLEADER SRI.SHYSON P.MANGUZHA (R1 R4) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34630/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: THE TRUE PHOTOCOPY OF THE WOUND CERTIFICATE DATED 25/5/2011. EXT.P2: COPY OF PHOTOCOPY OF THE FIR NO.660/2011 EXT.P3: COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT. ./TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34630 OF 2011 ------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. This is an unfortunate case where the petitioners have approached this court seeking police protection directions against their own son. The allegation of the petitioners is that as the petitioners are not willing to sell their separate properties for prices fixed by respondents 2 and 3, those two respondents are every now and then threatening the petitioners with danger to life and limbs. It is submitted that on a previous occasion bodily injury was sustained by the first petitioner- mother as a result of assaults which was made on her by respondents 2 and 3. Even though the police have registered crime in respect of that incident, threats are continuing. 2. On this writ petition coming up for admission Sri. Shyson P.Manguzha learned senior Government Pleader has taken notice on behalf of the State Attorney. W.P.(C) No. 34630 /2011 2 3. Having considered the averments in the writ petition and the various materials placed on record by the petitioners and the submissions addressed before us by Sri. R.Anilkumar learned counsel for the petitioners and the learned senior Government Pleader Sri.Shyson P.Manguzha, we are inclined to dispose of this writ petition granting limited reliefs to the petitioners even without issuing notice to respondents 2 and 3. Accordingly, the writ petition is disposed of in the following terms; i). The police officer, who is investigating into Ext.P2 crime , will expedite that investigation and submit final report or refer report as the case may be. ii). The first respondent, before whom Ext.P3 is submitted, will conduct a thorough and sincere enquiry into Ext.P3. As part of the enquiry, the first respondent will summon respondents 2 and 3. If the enquiry reveals that there is truth in the allegation of the petitioner that there is subsisting threat to their lives and limbs from the part of respondents 2 and 3, then the first respondent, either directly or through officers subordinate to him, will take such steps as are necessary for protecting the lives and limbs of the petitioners. W.P.(C) No. 34630 /2011 3 iii). If respondents 2 and 3 do not claim any civil right over the property, where the petitioners are residing, the first respondent will ensure that the petitioners are able to live peacefully in their present place of residence. But if any civil rights are claimed by respondents 2 and 3 in respect of the properties of the petitioners, then both sides will be instructed to have settlement of such civil disputes through the process of a competent civil court. The police shall not intervene in the civil disputes between the parties. The petitioners are directed to send a copy of this judgment by Registered Post with Acknowledgment Due as soon as they gets the same to respondents 2 and 3. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 34630 /2011 4