IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 27545 of 2010(P) ------------------------------------------- PETITIONER(S): --------------------- USHA DEVI, AGED 37 YEARS, W/O.SATEESH.C.R, "USHAS", ALANGAD, KADAMBAZHIPURAM, OTTAPALAM, PALAKKAD-678 633. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, SHORANUR, PALAKKAD DISTRICT-678 001. 3. THE CIRCLE INSPECTOR OF POLICE, CHERPULASSERY-678 001. 4. THE SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION-679 513. 5. UNNIKRISHNAN (RATION DEALER) S/O.RAMANKUTTY NAIR, MELEETTIL HOUSE, ALANGAD, KADAMBAZHIPURAM, OTTAPALAM, PALAKKAD-678 633. R1 TO R4 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMIA P. ADV. SRI.K.B.ARUNKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.27545 OF 2010 P PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.7.2010. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 22.8.2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 27545 OF 2010 P ------------------------------------------ Dated this the 5th October, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “(i) Issue an appropriate writ, order or direction commanding respondents 1 to 4 to provide sufficient and adequate police protection to the life and property of the petitioner against the threat raised by the 5th respondent and his men, in the interest of justice. (ii) Issue an appropriate writ, order or direction commanding the 2nd respondent to look into Exts.P1 and P2 and to take appropriate action based on the same.” WPC.NO.27545/2010 P 2 2. Briefly put, the case of the petitioner is as follows: Petitioner is a physically handicapped lady. She is the absolute owner of twenty cents. There is a civil dispute pending in a Civil Court as OS No.267/10 and she has obtained an interim injunction. According to her, the fifth respondent who is alleged to be none other than her own brother, has threatened her with dire consequences. Petitioner filed Ext.P1 complaint followed by Ext.P2 representation. 3. We heard the learned counsel for the petitioner, learned counsel for the fifth respondent and also the learned Government Pleader. Learned Government Pleader submits that two Crimes have been registered, one against the petitioner and another against the fifth respondent. Learned counsel for the fifth respondent categorically submits that the fifth respondent will not threaten the petitioner. We record the submission of the counsel for the fifth respondent and we relegate the petitioner to pursue the remedies WPC.NO.27545/2010 P 3 open to her before the civil court. We also leave it open to the petitioner to approach the Police Complaints Authority, if she has a complaint against the fourth respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge