IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 11643 of 2008(J) -------------------------- PETITIONER: ------------ JANAMMA, W/O.LATE PRASANNAN, THENGILAZHIKATHU KIZHAKKETHIL, THEKKEVILA P.O., KOLLAM-16. BY ADV. SRI.C.K.PRASAD ADV.ABHILASH S.FRANCIS. RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 3. SIVADASAN, THENGILAZHIKATHU KIZHAKKATHIL VEETTIL, THEKKEVILACHERIYIL, THEKKEVILA P.O., KOLLAM-16. 4. SARASWATHY, W/O.SIVADASAN, THENGILAZHIKATHU KIZHAKKATHIL VEETTIL, THEKKEVILACHERIYIL, THEKKEVILA P.O., KOLLAM-16. 5. GOPALAN, KANNAMAMTHODATHU HOUSE, THEKKEVILACHERIYIL, THEKKEVILA P.O., KOLLAM -16. 6. ANANDAVALLY, W/O.GOPALAN, KANNAMAMTHODATHU HOUSE, THEKKEVILACHERIYIL, THEKKEVILA P.O., KOLLAM -16. BY ADV. SRI.C.RAJENDRAN FOR R3-4 ADV.S.SUNIL NARAYANAN GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.11643/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION DT.01.02.2007. EXT.P2: COPY OF THE REPORT DT.07.02.07. EXT.P3: COPY OF THE DIRECTION DT.08.03.2007 GIVEN BY THE R.D.O., KOLLAM TO THE THAHSILDAR, KOLLAM. EXT.P4: COPY OF THE COMPLAINT DT.10.02.2008 FILED BY ONE VISALAKSHI. EXT.P4(a): COPY OF THE COMPLAINT DT.13.02.2008 FILED BY VILLAGE OFFICER, MUNDAKKAL VILLAGE. EXT.P5: COPY OF THE JUDGMENT IN W.P.(C) No.7412/2008. EXT.P6: COPY OF THE F.I.R. DT.08.01.2007 AGAINST THE 3RDAND 4TH RESPONDENTS. EXT.P6(a): COPY OF THE WOUND CERTIFICATE DT.07.01.07 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOLLAM. EXT.P7: COPY OF THE F.I.R DT.29.02.2008 FILED AGAINST THE 5TH AND 6TH RESPONDENTS. EXT.P7(a): COPY OF THE WOUND CERTIFICATE DT.28.02.2008 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOLLAM. EXT.P8: COPY OF COMPLAINT DT.22.03.2008. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE FIR NO.25/2007. EXT.R4(b): COPY OF THE FIR NO.67/2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No. 11643 OF 2008 ------------------------------------ Dated this the 25th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court seeking police protection in the background of the alleged threat from the part of respondents 3 to 6 against her and her son. A public pathway in the puramboke land comprised in survey No.167/17 of Mundakkal village was being used by her. The respondents 3 to 6 have encroached into the said pathway and made constructions there and therefore the width of the pathway was considerably reduced. The petitioner moved the Revenue Divisional Officer, Kollam, by filing a petition along with others. The Village Officer made an enquiry into the same and filed a report upholding the contentions of the petitioner. Thereafter, L.C. cases were registered against the encroachers and they were directed to vacate from the puramboke land, immediately. When, further consequential action was not taken up by the official respondents to clear the encroachment, the petitioner W.P.(C) No.11643/2008 2 approached this Court and this Court by Ext.P5 judgment directed the Tahsildar to take effective steps in the light of the L.C. cases registered. Pursuant to the said order of this Court, the encroachments were removed. Infuriated by that, the respondents 3 to 6 herein have started threatening and harassing the petitioner and her son. When they are using the pathway they are being abused and threatened. Based on the information lodged by the petitioner two crimes have already been registered against the party respondents, it is submitted. Though the petitioner has preferred Ext.P8 representation praying for protection to her and her family members, the police have not taken any effective action. In the above background this writ petition is filed, seeking, inter alia, necessary protection to the life of the petitioner, her son and daughter-in-law. 2. The respondents 3 and 4 have filed a counter affidavit denying the allegations of the petitioner. According to them, the petitioner and her son are threatening them. The petitioner's son trespassed into the residential building of respondents 3 and 4 and manhandled them. Based on the information lodged by W.P.(C) No.11643/2008 3 them Ext.R4(b) crime has been registered against the son of the petitioner. Another crime has been registered against the petitioner, her son and daughter-in-law for the offences of trespass, causing hurt etc. Ext.R4(b) is the F.I.R in that crime. 3. The learned counsel appearing for the party respondents submitted that, they have no intention, whatsoever, to physically harm the petitioner or her family members and in fact, they are living under threat of attack by the petitioner and her son. 4. The learned Government Pleader, upon instructions, submitted that cases and counter cases have been registered against both sides. At present, there is no law and order problem warranting interference by the police. 5. If the petitioner or her family members are obstructed or threatened, when they are using the public pathway covered by Exts.P2, P3, P4 and P4(a) proceedings, she may inform the police and in that event the police shall remove the obstruction. W.P.(C) No.11643/2008 4 We also record the submission of the learned counsel of the petitioner that they have no intention, whatsoever, to physically attack respondents 3 to 6. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps