IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 34692 of 2007(E) ---------------------------------------- PETITIONERS: ---------------------- 1. C.P.JOSEPH(SENIOR CITIZEN) S/O PAULO, MENACHERY HOUSE, KAVARAPARAMBU, ANGAMALI. 2. M.J.BABY, S/O PAULO, MENACHERY HOUSE, WARD NO.12, HOUSE NO.223/12, NEAR CHENKAYI CHAPPEL, NAYATHODU P.O., KAVARAPARAMBU, ANGAMALI. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENTS: ------------------------ 1. CIRCLE INSPECTOR OF POLICE, ANGAMALY. 2. SUB INSPECTOR OF POLICE, ANGAMALY. 3. BIJU M.J., S/O C.P.JOSEPH, MENACHERY HOUSE, KAVARAPARAMBU, ANGAMALI. 4. SHAILY, W/O BIJU, MENACHERY HOUSE, KAVARAPARAMBU, ANGAMALI – 683 572. 5. K.O.SHABU, KAREDAN HOUSE, KOOVAKATTUKKUNNU, MELOOR P.O., THRISSUR DIST – 680 311. R3 TO R5 BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY BY GOVERNMENT PLEADER SRI. BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34692/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISCHARGE BILL DTD. 19/11/07. EXT.P2: COPY OF THE COMPLAINT DTD. 20/11/07 REFERRED TO THE 1ST RESPONDENT. 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): HAND WRITTEN COPY OF THE REGISTERED WILL EXECUTED BY THE 1ST PETITIONER. EXT.R3(B): COPY OF THE CANCELLATION DEED NO.80/111/06 SRO, ANGAMALY. EXT.R3(C): COPIES OF DISCHARGE BILL AND MEDICAL BILLS FROM SH.MISSION HOSPITAL, PULLUR. /TRUE COPY/ P.A.TO JUDGE Kss K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.34692 OF 2007-E -------------------------------------------------------------- Dated this the 24th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioners are father and son. 3rd respondent is the son of the 1st petitioner and brother of the 2nd petitioner. 4th respondent is the wife of the 3rd respondent and 5th respondent is brother of the 4th respondent. Alleging that respondents 3 to 5 are threatening the lives of the petitioners, they have approached this Court seeking appropriate reliefs. Their representation before the police did not yield any results. They have no other remedy under law except to approach this Court. Hence this writ petition for police protection. 2. The 3rd respondent has filed a counter affidavit denying all the allegations against respondents 3 to 5 and also raising counter allegations against the 2nd petitioner and another son of the 1st petitioner. According to him, the 1st petitioner is innocent in all these things. He is compelled to file this writ petition at the WPC.NO.34692/2007 . 2 instance of the 2nd petitioner and another son of the 1st petitioner. 3. The learned Government Pleader, upon instructions, submitted that there is a serious dispute among sons of the 1st petitioner regarding partition of the properties of the 1st petitioner. The same is a civil dispute. 4. We are of the view that the police have no role to play in the dispute between the family members. But, if there is any threat to the life of the 1st petitioner, the said petitioner may inform the 1st or 2nd respondent. In that event, the concerned respondent shall look into the same and if apprehension of the 1st petitioner is found genuine, he will extend necessary protection to the life of the 1st petitioner. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.34692/2007 . 3