IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 11194 of 2011(Y) ------------------------------------ PETITIONER(S): ----------------------- RAJAMMA, AGED 73 YEARS, D/O.PADMANABHAN, VARUVILA VEEDU, POOTHAKULAM CHEERY, POOTHKULAM, PARAVOOR, KOLLAM. BY ADVS. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.R.NIKHIL RESPONDENT(S): RESPONDENT ------------------------- 1. THE DISTRICT POLICE SUPERINTENDENT, DISTRICT POLICE SUPERINTENDENT OFFICE, KOLLAM. 691 001. 2. THE COMMISSIONER OF POLICE, KOLLAM CITY, KOLLAM. 691 001. 3. THE CIRCLE INSPECTOR OF POLICE, PARAVOOR CIRCLE, KOLLAM DISTRICT. 691 001. 4. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM DISTRICT. 5. GIREESHAN, AGED 40 YEARS, S/O.SAHADEVAN, IDAYILVILA VEEDU, POOTHAKULAM, PARAVOOR, KOLLAM. 6. ANITHA, AGED 37 YEARS, D/O.RAJAMMA, IDAYILVILA VEEDU, POOTHAKULAM, PARAVOOR, KOLLAM. R1 TO R4 BY GOVT. PLEADER SMT.KARISHMA R5 - R6 BY ADV. SRI.V.VENUGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11194/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, KOLLAM ON 1.4.2011. P2:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PARAVOOR, KOLLAM ON 1.4.2011. P3:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE PARAVOOR, KOLLAM ON 1.4.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.11194 of 2011 ------------------------------------------- Dated this the 25th May, 2011 JUDGMENT Basant, J. The petitioner, a 73 year old woman, has come to this Court complaining about threat to her life and person at the hands of respondents 5 and 6, who are none other than her daughter (R6) and son in law (R5). According to the petitioner, she had executed a settlement deed under which a property had been settled in favour of the sixth respondent reserving a life estate for her. It is her grievance now that respondents 5 and 6 are belaboring her to compel her to execute a document surrendering such life estate also. The petitioner is not willing to do the same. She is being threatened and attacked on that score. 2. Respondents 5 and 6 have entered appearance. They deny the allegations totally. According to them, already the document has been executed in favour of the sixth respondent and the title over the property is already hers. At any rate, there is no attempt on the part of WPC No.11194/2011 2 respondents 5 and 6 to compel the petitioner to secure any further documents. All the allegations are denied. Respondents 5 and 6 have no objection against continued residence of the petitioner in their house. 3. The learned counsel for the petitioner asserts and the learned Government Pleader supports that assertion after taking instructions from the police officials that the petitioner is not now residing along with respondents 5 and 6. The short prayer of the petitioner is that she may not be intimidated or harassed with the request to execute any further documents in favour of respondents 5 and 6. 4. When the matter came up for hearing on 11.4.2011, this Court had issued interim directions to respondents 1 to 4, “to afford protection to the petitioner against any threat to her life and person from respondents 5 and 6 .” 5. The petitioner prays that the said interim order may be made absolute. Respondents 5 and 6 have no objection against the order being made absolute. But they assert that they have not posed and do not intend to pose any threat to her life and person. WPC No.11194/2011 3 6. We are satisfied in these circumstances that the interim order can be made absolute and proceedings can be closed. 7. In the result, this petition is allowed. The interim order dated 11.4.2011 extracted above is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/