IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 13850 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------- P.K.SALEENA,D/O.AHAMMEDKUTTY.P.K, AGED 40 YEARS, NOW RESIDING AT AMBILICHAANATH HOUSE, VAZHAYOOR POST,THIRUTHIYAADU, (VIA) RAMANAATTUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ---------------------------- 1. DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, MALAPPURAM - 676 505. 3. SUB INSPECTOR OF POLICE, VAZHAKKATT POLICE STATION, MALAPPURAM DISTRICT - 673 640. 4. AHAMEDKUTTY.P.K, AMBILICHAANATH HOUSE, VAZHOOR POST,THIRUTHIYAADU,(VIA) RAMANATTUKARA, MALAPPURAM - 673 633. 5. HAFSA,W/O.AHMEDKUTTY.P.K, AMBILICHAANATH HOUSE,VAZHOOR POST,THIRUTHIYAADU, (VIA) RAMANATTUKARA, MALAPPURAM - 673 633. 6. BEFATHIMMA, AMBILICHAANATH HOUSE,VAZHOOR POST,THIRUTHIYAADU, (VIA) RAMANATTUKARA, MALAPPURAM DISTRICT - 673 633. 7. P.MUHAMMEDKUTTY,UURALATHU HOUSE, VAZHOOR POST,THIRUTHIYAADU,RAMANATTUKARA, (VIA)MALAPPURAM DISTRICT - 673 633. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13850/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED FROM THE GOVERNMENT HOSPITAL KOZHIKODE DTD. 16/04/2004. P2: COPY OF THE INTIMATION ISSUED FROM THE OFFICE OF THE WOMEN'S COMMISSION THIRUVANANTHAPURAM DTD. 16/05/2009. P3: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE WOMEN CELL INSPECTOR, MALAPPURAM DTD. 2/2/2009. P4: COPY OF THE RECEIPT OF INTIMATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 29/06/2009. P5: COPY OF THE FIR IN CRUME NUMBER 217/2009 OF 3RD RESPONDENT'S POLICE STATION. P6: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED FROM THE GENERAL HOSPITAL, KOZHIKODE. P7: COPY OF THE INTIMATION ISSUED FROM THE OFFICE OF THE WOMEN'S COMMISSION THIRUVANANTHAPURAM DTD. 08/01/2010. P8: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED FROM THE GOVERNMENT HOSPITAL KOZHIKODE. P9: COPY OF THE REPORT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DTD. 28/06/2010. P10: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOZHIKODE DTD. 15/12/2010. P11: COPY OF THE DOCUMENTS NOT REGISTERED IN THE NAME OF THIS PETITIONER AND HER MOTHER SEPARATELY DTD. 01/03/1989. P12: COPY OF THE RELEVANT PAGES OF RATION CARD OF THIS PETITIONER. P13: COPY OF THE DOOR NUMBER ISSUED FROM THE PANCHAYAT OLD AND NEW. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.13850 OF 2011 ............................................. Dated this the 14th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 to 3 to afford protection for her life and person against illegal, contumacious and violent acts which she apprehends from respondents 4 to 7. 2. The petitioner is the daughter of the 4th respondent. 5th respondent is the present wife of the 4th respondent. Respondents 6 and 7 are local persons, who are supporting respondents 4 and 5. According to the petitioner, the 4th respondent has assigned a property with a residential building in favour of the petitioner and her mother. Copy of that document is produced as Ext.P11. According to the petitioner, while she was residing in that house, respondent No.4 with the help and assistance of respondents 5 to 7 had driven her out of that house. She was assaulted. She is unable to return to her house. In this state of helplessness, she has come before this Court seeking issue W.P.(C).NO.13850 OF 2011 : 2 : of directions to respondents 1 to 3 to afford police protection to her to live peacefully in her house against any illegal obstruction that may be raised by respondents 4 to 7. That house bears the number 4/60 of Vazhayoor grama panchayat. That is the present number assigned to that building. 3. Respondents 4 to 7 have entered appearance through counsel. Sufficient time to file counter affidavit has already been granted. The counsel prays for further time. The counsel was requested to explain the stand which respondents 4 to 7 want to take before this Court. The learned counsel for respondents 4 to 7 submits that the petitioner has questionable conduct and behaviour. She is guilty of several misdemeanor. It is she who is creating all the problems. Respondents 4 to 7 have no objection whatsoever against her residence in the building No.4/60 of Vazhayoor grama panchayat. Respondents 4 to 7 only want to deny all the allegations levelled against them. Those allegations are incorrect and are made by the petitioner only for the purpose of securing an order for police protection. No order for police protection deserves to be W.P.(C).NO.13850 OF 2011 : 3 : granted. If the petitioner wants to reside in the said house, she can reside there. Respondents 4 to 7 shall not cause any obstruction to her peaceful residence there, but respondents 4 to 7 apprehend improper conduct on the part of petitioner against them. This in short is the plea of respondents 4 to 7 raised through their counsel. 4. Learned Government Pleader, after taking instructions, submits that in the perception of the police officials there is no threat to the life or person of the petitioner. According to the learned Government Pleader, the 4th respondent, who is ill and suffering from cancer is not residing in the neighbouring house at the moment. The petitioner can go and reside in her house. The police do not apprehend any culpable and violent conduct on the part of respondents 4 to 7 against the petitioner. If there be any such conduct, the petitioner can complain and thereupon respondents 2 and 3 shall respond adequately to such complaint, if genuine. Necessary police protection shall be granted to the petitioner in the event of any such conduct, submits and undertakes the learned Government Pleader on behalf of respondents 2 and 3. W.P.(C).NO.13850 OF 2011 : 4 : 5. We have anxiously considered all the relevant inputs. We do not in the circumstances of the case find any reason to issue specific directions under Article 226. We accept the submission of the learned Government Pleader. We are satisfied that this petition can now be closed with appropriate observations. 6. In the result: a. This petition is allowed. b. We accept and record the submission of the learned Government Pleader that if there be any contumacious, culpable or violent acts on the part of respondents 4 to 7 against the petitioner, petitioner can complain to respondents 2 and or 3 and thereupon if the complaint be genuine, necessary protection shall be afforded to the petitioner. c. We do not in these circumstances issue any specific direction. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ cl P.S. to Judge