IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24445 of 2011(E) -------------------------- PETITIONER(S): --------------- METILDA. KARAMKOTTU VEEDU,ARINALLOOR MURI,THEVALAKKARA VILLAGE. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY,KOLLAM-691001. 2. THE CIRCLE INSPECTOR OF POLICE, CHAVARA,KOLLAM DISTRICT-691583. 3. THE SUB INSPECTOR OF POLICE, THEKKUMBHAGAM,KARUNAGAPPALLY,KOLLAM DISTRICT, PIN-690518. 4. ANTONY,S/O.BEN,KARAMKOTTU PUTHEN VEEDU, ARINALLOOR MURI,THEVALAKKARA VILLAGE-690538. 5. JOSE, S/O. BEN, KARAMKOTTU PUTHEN VEEDU, ARINALLOOR MURI, THEVALAKKARA VILLAGE 690 538 6. BIJU,S/O.BENNACHAN,KARAMKOTTU PADINJATTATHIL VEEDU,ARINALLOOR MURI, THEVALAKKARA VILLAGE-690538. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24445/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF THE PLAINT O.S. NO.498/06 BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY, DATED 14/11/06. EXT.P2: COPY OF THE WRITTEN STATEMENT WITH A COUNTER CLAIM IN O.S. NO.498/06 BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P3: COPY OF THE JUDGMENT DATED 23/7/2011 IN O.S. NO.498/06 BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P4: COPY OF THE ROUGH SKETCH. EXT.P5: COPY OF THE REPRESENTATION DATED 1/9/2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 24445 OF 2011 ------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition the petitioner, a widowed lady, seeks the following reliefs; i). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to grant necessary and adequate personal police protection to the petitioner and her family members: ii). Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to grant necessary and adequate police protection to protect and preserve the properties more approximately scheduled in Ext.P1 and P2 and also to construct a compound wall on the western boundary of the portion marked as item '5' in Ext.P4; iii). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to dispose of Ext.P5. iv). Issue an interim direction directing the respondents 1 to 3 to grant necessary and adequate personal police protection to the petitioner and her family members;" 2. Having gone through the averments in the writ petition as well as the various materials produced along with the same and having considered the submissions of Sri.B.Krishna Mani learned counsel for the petitioner and Sri.T.K.Vipindas learned WPC.No.24445/2011 2 Government Pleader who took notice on behalf of respondents 1 to 3, we are convinced that the reliefs, which the petitioner has sought in respect of the property, cannot be granted, as such reliefs are to be granted by a competent Civil Court. The petitioner as well as the party respondents were before the Civil Court. We are told that the suit as well as as the counter claim preferred respectively by the petitioner and the party respondents presently stand dismissed. It is open to the petitioner to prefer appeal and seek appropriate reliefs in respect of the property from the court of appeal. Ext.P5 complaint has been filed by the petitioner before the 3rd respondent seeking police protection in the matter of construction of a compound wall as well as for her life. As for the protection sought for in respect of construction of compound wall, we are of the view that as parties are already before the Civil Court, such protection can not be granted by the 3rd respondent without specific directions in that regard from the competent Civil Court. We are therefore inclined to dispose of this writ petition issuing the following directions; If no enquiry is so far conducted by the 3rd respondent into WPC.No.24445/2011 3 Ext.P5 as regards the allegations therein that there is threat to the petitioner's life from respondents 5 and 6, the 3rd respondent will immediately conduct an enquiry and if the enquiry reveals that the allegation in Ext.P5 that there is subsisting threat to the petitioner's life from the part of respondents 4 to 6 is correct, the third respondent will do the needful to ensure that the lives of the petitioner and her daughters are safe. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk