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 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20322 of 2011(M) ------------------------------------------ PETITIONER(S): ------------------------- LALY, W/O.SIMON, THEKKEDATHU HOUSE, CALVARYMOUNTKARA, CALVARYMOUNT PO, IDUKKI. BY ADV. SRI.C.T.JESTIN RESPONDENT(S): --------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, PIN - 685 001. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA, IDUKKI - 685 001. 3. RAJAN @ THOMAS, S/O.THOMAS, KAKKANATTU HOUSE, CALVARYMOUNT PO, THANKAMANY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, PIN - 685 554. 4. CHINNAMMA @ ANNAMMA, W/O.THOMAS, KAKKANATTU HOUSE, CALVARYMOUNT PO, THANKAMANY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, PIN - 685 554, 5. ROMEO SEBASTIAN, KOLLAKKAMPEL HOUSE, CALVARYMOUNT PO, THANKAMANY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI - 685 554. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 TO R5 BY ADV. SRI.BINU PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20322/2011 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.53/11 FILED BEFORE THE HON'BLE MUNSIFF'S COURT, IDUKKI DTD. 27/06/11. P2: COPY OF THE REPRESENTATION DTD. 18/07/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20322 of 2011 ------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition is filed by the petitioner, a house wife, complaining that there is a threat on her life from the part of respondents 3 to 5. There is a complaint that there is a threat to her property extending to 1.50 acres also from the part of the above respondents. Entering appearance on behalf of respondents 3 to 5, it was submitted by the learned counsel that a civil dispute is pending between the petitioner and respondents 3 and 5. The counsel for the petitioner Mr.Jestin would now submit that a suit was instituted and orders of temporary injunction obtained. Since the order of temporary injunction was violated, proceedings under Order 39 Rule 2 A have been initiated, to which the 5th respondent is not a party to the suit. The 5th respondent is a goonda acting under respondents 3 and 4. 2 W.P.(C) No.20322 of 2011 It is the 5th respondent who is threatening the petitioner and is creating trouble. The counsel for the party respondents submitted that intention of the petitioner in filing this writ petition is to prevent the party respondents from accessing their properties. Party respondents may be permitted to access to their properties without violating the order of injunction. 2. Smt.Charisma, learned Government Pleader submitted on the basis of instructions that at the moment there is no law and order situation in the property. The petitioner is not present in the address shown in the writ petition. She is presently in Bangalore. Only her father-in- law who is a senior citizen is available in the address. The civil dispute is there between respondents 3 and 4 and the petitioner. At the instance of respondents 3 and 4, the 5th respondent who is a social worker in the locality, contacted the petitioner’s father-in-law only over telephone. According to the police, the 5th respondent is not a goonda 3 W.P.(C) No.20322 of 2011 as alleged. 3. Having considered the submissions addressed at the Bar, particularly the submission of the learned Government Pleader, we do not think that any case is made out by the petitioner for the grant of the relief sought for. We direct the parties to have settlement of the civil disputes existing between them in the civil suit from the civil court, which has already instituted. However, there will be a direction to the first respondent to keep vigil over the properties in dispute and to do whatever is necessary if it is noticed that a law and order situation arises up on the property in question. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/