IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10392 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ NELSON, S/O.LUKOSE, AGED 59, PLAVILA MELATHIL HOUSE, NELLIMUKKOM, PADAPPAKKARA, KUNDARA P.O., KOLLAM. BY ADV. SMT.M.MADHUBEN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDENT OF POLICE, KOTTARAKKARA, KOLLAM - 691 001. 3. THE C.I.OF POLICE, KUNDARA, KOLLAM - 691 503. 4. THE S.I.OF POLICE, KUNDARA, KOLLAM - 691 503. 5. RAJAN, AGED 37, S/O.GREGORY, ALEENA VILASOM (PLAVILA MELATHIL) NELLIMUKKOM, PADAPPAKKARA, KUNDARA P.O., KOLLAM - 691 503. R1 TO R4 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10392/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMPLAINT DTD. NIL SUBMITTED BY THE PETITIONER BEFORE THE KOLLAM CITY POLICE FORWARDED TO THE S.I. OF POLICE, KUNDARA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:10392 OF 2011 Y ----------------------------------------------------------- Dated this the 7th April, 2011. JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Art.226 to respondents 1 to 3 to afford police protection to the petitioner against apprehended illegal contumacious and violent conduct on the part of fifth respondent, his son-in-law. 2. According to the petitioner the fifth respondent has married the elder daughter of the petitioner. At the time of marriage property adjacent to the property where the petitioner resides was assigned in favour of the daughter of the petitioner. The fifth respondent is now demanding that property belonging to the petitioner may also be assigned to him. Petitioner faces threat to life and person from the fifth respondent who was making such illegal demand. Appropriate orders of police protection may be issued, it is prayed. 3. Fifth respondent is served but there is no appearance for him. We turned to the learned Govt. Pleader for submissions. WPC 10392/2011 2 The learned Govt. Pleader submits that in the perception of the police officials there is no threat to the life or person of the petitioner. Between the petitioner's daughter and the fifth respondent there is strain in the matrimony. On the complaint of the wife of the fifth respondent i.e the elder daughter of the petitioner a crime has been registered under Section 498A IPC against the fifth respondent, his mother and his sister. The fifth respondent, his mother and his sister (i.e the accused in the case) are absconding and are not available in the locality. In these circumstances there is no threat to the life of the petitioner from the fifth respondent now submits the learned Govt. Pleader. If there be any such threat against the life or person of the petitioner from the fifth respondent the police shall take necessary action submits the learned Govt. Pleader. 4. Having considered all the relevant circumstances we are not persuaded to issue any specific directions under Art.226. Maintenance of law and order, prevention of crimes and action if any crime is committed are all the burden and duty of the police. No specific directions under Art.226 need be issued by this Court ordinarily to the police for the discharge of such duties. In an exceptional case where sufficient reasons are shown to exist this WPC 10392/2011 3 Court may be justified in invoking the extraordinary jurisdiction under Art.226 to issue such directions. We do not find any such circumstances in this case. 5. We take note of, record and accept the submissions of the learned Govt. Pleader that if there be any threat from the fifth respondent against the person or life of the petitioner or demand for conveying any property of the petitioner to the fifth respondent, police shall be taking necessary action. We are not persuaded to agree that any further directions need be issued. 6. This writ petition is in these circumstances dismissed accepting the submission of the learned Govt. Pleader recorded above. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10392/2011 4