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 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 30415 of 2010(B) -------------------------- PETITIONER(S): --------------- REEJA, MANJU NIVAS, EDAMON VILLAGE, EDAMON MURI, PATHANAPURAM TALUK. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT-691 001. 2. THE CIRCLE INSPECTOR OF POLICE, ANCHAL, KOLLAM DISTRICT-691 306. 3. THE SUB INSPECTOR OF POLICE, ANCHAL, KOLLAM DISTRICT-691 306. 4. SATHYANESAN, SUJTHA MANDIRAM, MADURAPPU MURI, EDAMULACKAL VILLAGE, PATHANAPURAM TALUK-691 302. 5. SUJATHA OF DO. DO. 6. AJEESH OF DO. DO. ADV. SRI.ANCHAL C.VIJAYAN FOR R4-6 BY GOVT.PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30415/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTERED DOCUMENT NO.1142/2004 DATED 17/3/2004. EXT.P2: COPY OF THE PHOTOGRAPH EXT.P3: COPY OF THE PHOTOGRAPH. EXT.P4: COPY OF THE INJUNCTION APPLICATION IN I.A. NO. 1671/10 IN O.S. 296/10 BEFORE THE MUNSIFF COURT, PUNALUR DATED 16/8/2010. EXT.P5: COPY OF THE ORDER APPLICTION IN I.A. NO. 1671/10 IN O.S. 296/10 BEFORE THE MUNSIFF COURT, PUNALUR DATED 16/8/2010. EXT.P6: COPY OF THE PRIVATE COMPLAINT DATED 22/7/2010 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1 PUBALUR. EXT.P7: COPY OF THE REPORT AND MAHAZAR DATD 23/7/2010 SUBMITTED BY COMMISSIONER. EXT.P8: COPY OF THE REPORT SUBMITTED BY COMMISSIONER. EXT.P9: COPY OF THE REPRESENTATION DATED NIL BEFORE THE FIRST RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION DATED 14/9/2010 BEFORE THE CIRCLE ISNEPCTOR OF POLICE, ANCHAL. EXT.P11: COPY OF THE ILLEGAL ORDER ISSUED BY THE REVENUE DIVISIONAL OFFICER KOLLAM DATED 19/11/09. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 30415 OF 2010 ------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been filed by the petitioner, a lady, seeking police protection for the lives of herself and her family members. 2. The learned Government Pleader on the basis of the instructions imparted to her by the police officer submitted that the dispute between the petitioner and the party respondents is over a pathway and that dispute is already before the Civil Court. The petitioner submitted a complaint before the learned Magistrate who forwarded the same under section 156 (3) for enquiry. Pursuant to that, a crime was registered and the same is being investigated. According to the Government Pleader, at the moment there is no law and order situation warranting rendition of police protection. 3. The learned counsel for the petitioner does not agree. According to him, if police protection direction are not issued, there will be a real danger to the lives of the petitioner and WPC.No.30415/2010 2 members of her family. Sri.Anchal C.Vijayan learned counsel for the party respondents would on the contrary submit that the only pathway providing access to the respondents' house has now been closed down. 4. Having anxiously considered the submissions addressed at the Bar including the submissions of the learned Government Pleader, we do not find any warrant for issuing the specific direction sought for by the petitioner. However, we direct the 3rd respondent Station House Officer to keep vigil over the parties as well as the property in question and ensure by taking prompt action that the dispute between the parties over the pathway does not give rise to any law and order situation or breach of peace or violence. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.30415/2010 3