IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25510 of 2010(K) ------------------------------------- PETITIONER(S): ---------------------- 1. J.GEORGE NADAR,AGED 90 YEARS, S/O.JAMES NADAR, RESIDING AT CHRISTUVILASOM, MANTHARA,MAMPAZHAKKARA DESOM,PERUMPAZHUTHOOR.P.O, PERUMPAZHUTHOOR VILLAGE,THIRUVANANTHAPURAM DIST. 2. A.MERCY,AGED 86 YEARS, W/O.GEORGE NADAR, -DO- -DO- -DO- 3. SMRITHY SELVARAJ,MINOR, AGED 13 YEARS,D/O.LATE G.SELVARAJ, -DO- -DO- -DO- BY ADV. SRI.D.ROBINSON SMT.K.K.PREETHA RESPONDENT(S): ----------------------- 1. SHEEJA,AGED 33 YEARS,D/O.LILLY, RESIDING AT V.S.COTTAGE,MANALIVILA MARANALLOOR, PONGUMMOODU,KUVALASSERY.P.O,MARANALLOOR DESOM, MARANALLOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT. PIN-695501. 2. VIPIN,AGED 33 YEARS,S/O.NATARAJAN, RESIDING AT V.S.COTTAGE,MANALIVALA, -DO- -DO- -DO- 3. STANLY,AGED 55 YEARS,S/O.ZAKKARIAH, RESIDING AT V.S.COTTAGE,MANALIVILA, -DO- -DO- -DO- 4. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, PIN-695501. R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.25510 of 2010-K ---------------------------------------------- Dated, this the 19th day of August, 2010 J U D G M E N T K.M.Joseph, J. There are four prayers in the writ petition. This matter comes up before us on the basis of an order passed by the learned Single Judge wherein after going through the prayers the learned Single Judge felt that the prayers 1 to 3 are not maintainable as they are sought against private individuals. Noting that the 4th prayer for police protection is to be considered by the Division Bench as per roster the matter came up before us. 2. We heard the learned counsel for the petitioners. Apparently, the averments which may have been made in justification of the prayer for police protection are contained in paragraphs 6 and 7 of the petition. Allegations are made against respondents 1 to 3. Respondent No.1 is the wife of the deceased son of petitioners 1 and 2. The 3rd respondent is the father of the Ist respondent. 3. After going through the averments we do not WPC No.25510/2010 -2- think that the petitioners have made out a case for considering the prayer No.4 either. We decline jurisdiction and relegate the petitioners to pursue the remedies open to them before the competent Civil Court or any other forum. Without prejudice to the right of the petitioners to approach the competent Civil Court or any other forum, this writ petition is disposed of. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS