IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 21513 of 2011(L) -------------------------- PETITIONER(S): --------------- SITHARA CHANDRAN, D/O. AMBILI, AGED 29 YEARS, 'SREE MUKAMBIKA', NJARAIKKA MUGHAL, MANCHAVILAKOM, MEKKOLLA DESOM, KOLLAYIL VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. INSPECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM-695001. 2. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA-695018. 3. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM. PIN-695001. 4. GOPINATHAN, S/O. PADMANABHAN, POOVATHOOR MANCHAVILAKOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK-695018. 5. NIDHIN, S/O. JAYAKUMAR, BHADRA BHAVAN, PLANKALA, MANCHAVILAKOM.P.O, NEYYATTINKARA TALUK-695018. 6. DILJITH, S/O. JAYAKUMAR, BHADRA BHAVAN, PLANKALA,MANCHAVILKOM.P.O., NEYYATTINKARA TALUK-695018. 7. JAYAKUMAR, S/O. BALAKRISHNAN, BHADRA BHAVAN, PLANKALA, MANCHAVILAKOM.P.O., NEYYATTINKARA TALUK-695018. 8. N. SUKUMARAN KUTTY, S/O. NARAYANA PANICKER, LALITHA BHAVAN, KARINKONI LANE, KARAKULAM.P.O.,THIRUVANANTHAPURAM. 9. ARUN, S/O. VELLAPPAN, NEAR GURUMANDIRAM, MANCHAVILAKOM, MANCHAVILAKOM.P.O., NEYYATTINKARA-695018. ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R4 to R 9 SRI.T.K.ANANDA KRISHNAN FOR R4-R 9 GOVT. PLEADER SMT. C.M.CHARISMA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED NO. 377/11 IN FAVOUR OF THE PETITIONER BY 4TH RESPONDENT DATED 11-2-2011 EXT. P2 TRUE COPY OF THE FIR IN CRIME NO.754/01 OF PARASSALA POLICE STATION AGAINST RESPONDENTS 5 TO 7 DT. 27-7-2011 EXT.P3 TRUE COPY OF THE FIR IN CRIME NO.755/11 OF PARASSALA POLICE STATION AGAINST PETITIONER'S HUSBAND DT. 27-7-2011 EXT.P4 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA DT. 2-8-2011 EXT.P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 DT. 29-7-2011 RESPONDENTS' EXHIBITS: EXT.R4 (A) TRUE COPY OF THE PADMASREE AWARDED TO THE 4TH RESPONDENT. EXT.P4(B) TRUE COPY OF THE MASS PETITION FILED BY THE PEOPLE in the LOCALITY BEFORE THE HON'BLE CHIEF MINISTER OF KERALA EXT.P4(C) TRUE COPY OF THE RELEVANT PAGES OF THE MASS PETITIONFILED BY THE PEOPLE IN THE LOCALITY DT. 1-8-11 BEFORE THE HON'BL CHIEF MINISTER OF KERALA. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 21513 of 2011 ----------------------------------------------- Dated this the 19th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition has been filed by a 29 year old lady seeking the following relief: “Issue a writ of mandamus or other appropriate writ order or direction commanding and compelling respondents 1 to 3 to provide adequate and effective police protection to the lives of petitioner and her family members from the threats of respondents 4 to 9.” The allegation raised by the petitioner is that the party respondents are causing threat to her life and that the petitioner apprehends contumacious acts of violence from the party respondents, viz., respondents 4 to 9. The 4th respondent has filed counter affidavit wherein he states that he has absolutely nothing to do with the allegations levelled by the petitioner. There is a civil dispute between the 4th respondent and the petitioner and the 4th respondent has been unnecessarily implicated in this writ petition as a WP(C).21513/11 -2- counter blast and for pre-empting any legal action by the 4th respondent against the petitioner. The learned Govt. Pleader on the basis of the instructions received from the third respondent submitted that pursuant to earlier complaints received from the petitioner as well as from the party respondents, crimes - Ext.P2 has been registered against respondents 5, 6 and 9 and Ext.P3 crime has been registered against the husband of the petitioner. Both these crimes are being investigated thoroughly. The enquiry revealed that at the moment, i.e., after registration of the crime and counter crime there is no law and order situation existing. The learned Govt. Pleader assured us that in case any complaint is received from the petitioner or from the party respondents protection will be taken after conducting speedy enqiry. 2. Having considered the submissions addressed at the Bar, particularly the stand taken by the police, we feel that WP(C).21513/11 -3- there is no justification for issuing the protection directions sought for in the writ petition. At the same time, we dispose of the writ petition directing the 3rd respondent to entertain any complaint which may be filed in future by the petitioner of any threat to her life from any of the party respondents in this writ petition. If any complaint is received, the 3rd respondent will conduct immediate enquiry and if the enquiry reveals that there is truth in the complaint, the 3rd respondent will take such action as is necessary for averting any danger to the person and life of the petitioner. We make it clear that we do not notice any material in this case to substantiate the allegations levelled by the petitioner against the 4th respondent. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-