IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26481 of 2011(I) -------------------------- PETITIONER(S): --------------- M.S.SNEHALATHA, AGED 44 YEARS, MUTHALISSERRY, BABU BHAVAN, ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. STATION HOUSE OFFICER, PANDALAM POLICE STATION, PANDALAM,PATHANAMTHITTA DISTRICT. 3. M.S.SNEHALAL, KANISHKA,PULITHITTA VEEDU, ELAVUMTHITTA P.O., PATHANAMTHITTA DISTRICT. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS EXT.P1 PHOTOCOPY OF THE COPY OF THE PLAINT IN OS.71 OF 2011 OF MUNSIFF COURT PATHANAMTHITTA. EXT.P2 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 26481 of 2011 ----------------------------------------------- Dated this the 4th day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner, a widow has approached this Court seeking protection for her life and protection from forcible eviction from the residential building in which she is presently residing. A reading of the pleadings show that the building in question belonged to Sri.M.S.Sajilal, brother of the petitioner who is no more. Ext. P1 is copy of the plaint in O.S. No. 71 of 2011 instituted by the petitioner's mother against the 3rd respondent and 3 others. In paragraph 5 of Ext.P1 it is stated by the mother Sarasamma that the petitioner and the petitioner's son are residing in this building along with her. In this writ petition, the petitioner submits that recently the petitioner's mother, the plaintiff in O.S. 71 of 2011 has been taken by the 3rd respondent to his WP(C). 26481/11 -2- house with the intention of compelling her to execute certain documents in respect of the building. The petitioner apprehends that the 3rd respondent will forcibly evict her from the building without recourse to due process of law. It appears to us that the petitioner may have to seek remedy from a competent civil court. At the same time, we notice that in Ext.P2 complaint submitted by the petitioner as well as in the present writ petition, it is alleged that there is threat to the petitioner's life from the 3rd respondent. Under the above circumstances, we are inclined to dispose of this writ petition in the following terms even without issuing notice to the 3rd respondent. 2. As directed by us, Sri.T.K.Vipindas, learned Govt. Pleader has taken notice on behalf of respondents 1 and 2. The 1st respondent before whom Ext.P2 complaint is WP(C). 26481/11 -3- submitted by the petitioner will immediately conduct an enquiry into Ext.P2 either by himself or by any other police officer under him. The officer conducting enquiry should immediately inspect the building “Babu Bhavan” where the petitioner claims to be residing. If the enquiry reveals that the allegations of threat to the petitioner's life by the 3rd respondent are true and if the enquiry reveals that the petitioner's claim that she is residing in Babu Bhavan is correct, the officer conducting enquiry and the 1st respondent shall ensure by taking appropriate steps that the lives of the petitioner and her son are safe. If the enquiry reveals that the petitioner is residing at Babu Bhavan presently, it should be ensured that she is able to reside in the house without any trouble from the 3rd respondent or anybody else for a minimum period of two weeks from WP(C). 26481/11 -4- today. We make it clear that it is always open to the petitioner to approach the civil court seeking appropriate relief in respect of her continued residence in Babu Bhavan. The writ petition is disposed of accordingly. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-