IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 30201 of 2011(A) -------------------------------- PETITIONER(S): ----------------- MOLLY BABU, AGED 50 YEARS, W/O. LATE BABU, PANDIYATHU HOUSE, KOZHENCHERRY P.O., KEEZHUKARA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.-695001 2. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA, PATHANAMTHITTA DISTRICT.-688036 3. KUNJACHAN, THOLLATHIL THEKKETHIL HOUSE, PUTHENKAVU P.O., CHENGANNOOR, ALAPPUZHA DISTRICT.-686028 4. ANITHA KUMARI, D/O. KUNJACHAN, THOLLATHIL THEKKETHIL HOUSE, PUTHENKAVU P.O., CHENGANNOOR, ALAPPUZHA DISTRICT.-686028 GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30201 of 2011(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DT.05/11/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30201 of 2011 ------------------------------------------------ Dated this the 14th day of November, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition, the petitioner, a widow who is residing along with her daughter-in-law and two grand children aged 6 and 4 respectively in her house at Kozhencherry seeks police protection for her life and limbs and also for the lives and limbs of those who are residing along with her and also for their peaceful residence. It is alleged that claiming the younger son of the petitioner by name Mickey has married the 4th respondent, respondents 3 and 4 once attempted to trespass into the petitioner's house. Even though that attempt was thwarted, even now R3 and R4 are threatening the petitioner. The petitioner, therefore, is under the constant fear due to these threats. Even though 2nd respondent, Station House Officer, Aranmula was approached on several occasions, effective W. P. C. No.30201 of 2011 -2- steps are not being taken. Respondents 3 and 4 and their supporters are frequently coming over to the petitioner's house in search of Mickey. The petitioner does not have any clear idea as to where exactly is Mickey now. Petitioner needs police protection for a peaceful life. 2. As directed by us Sri.Dhanesh Mathew Manjooran, the learned Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. Having considered the averments in the Writ Petition, the various materials placed along with the same and the submission of the learned counsel for the petitioner, we are of the view that relief to a certain extent can be given to the petitioner even without notice to the party respondents. Hence, we dispose of the Writ Petition in the following terms:- 3. The 2nd respondent will take up Ext.P1 immediately and conduct a thorough enquiry into the same. As part of the enquiry it is open to the 2nd respondent to meet or to insist on the attendance of respondents 3 and 4. If the enquiry reveals that the allegations in Ext.P1 are true, the W. P. C. No.30201 of 2011 -3- 2nd respondent shall take such steps as is necessary for protecting the lives and limbs of the petitioner and those who reside along with her and also ensure that they are able to reside peacefully in the petitioner's house. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge