IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 32645 of 2009(A) -------------------------------------- PETITIONER(S): ---------------------- SEENATH,W/O.NASEER,RESIDING AT KUNNATHUKONATHU HOUSE,NEAR ST.THOMAS U.P.SCHOOL, THEEPPUKAL MURI,VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): ------------------------ 1. VIJAYAN,VADAKKEVILAKATHU VEEDU, KANNOORKONAM,NEAR POTHENCODE MISSION HOSPITAL, THEEPPUKAL MURI,VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. GIRIJA,W/O.VIJAYAN,KANNOORKONAM, NEAR POTHENCODE MISSION HOSPITAL,THEEPPUKAL MURI, VEMBAYAM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 3. SHAHARBAN,RESIDING AT AL-AMEEN MANZIL, VADAKKEVILAKATHU VEEDU,KANNOORKONAM,NEAR POTHENCODE MISSION HOSPITAL,THEEPPUKAL MURI, VEMBAYAM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 4. SUMAYYA,D/O.SULFATHU BEEVI, VADAKKEVILAKATHU VEEDU,KANNOORKONAM,NEAR POTHENCODE MISSION HOSPITAL,THEEPPUKAL MURI, VEMBAYAM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 5. SANTHA,D/O.SARAMMA,KANNOORKONAM, NEAR POTHENCODE MISSION HOSPITAL,THEEPPUKAL MURI, VEMBAYAM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 6. SUB INSPECTOR OF POLICE, POTHENCODE, THIRUVANANTHAPURAM DISTRICT. 7. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM,THIRUVANANTHAPURAM DISTRICT. R1 TO R5 BY ADV. SRI.P.V.KUNHIKRISHNAN R6 & R7 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 32645/2009: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P2. TRUE COPY OF THE OUT-PATIENT TICKET ISSUED FROM KANYAKULANGARA GOVERNMENT HOSPITAL. EXT.P3. TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P4.TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE 7TH RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.32645 of 2009-A ---------------------------------------------- Dated, this the 16th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief:- “to issue a writ of mandamus or other appropriate writ order or direction compelling the 6th and 7th respondents to provide sufficient and adequate police protection to the petitioner and her right to enjoy her property.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is the owner of 10 cents of property. It is stated that when the petitioner visited her property on 7.10.2009, the Ist respondent has beaten up and insulted her. She filed Ext.P1 complaint before the 6th respondent. It is stated that there is further attack of respondents 1 to 5. Petitioner filed Ext.P3 complaint before the 6th respondent and Ext.P4 complaint before the 7th respondent seeking protection. 3. We heard the learned counsel counsel appearing for the parties. It is not in dispute that there are WPC No.32645/2009 -2- civil suits pending. Petitioner is apparently the owner of property nearby the properties of respondents and it appears to be a right to way. Learned counsel appearing on behalf of respondents 1 to 5 would submit that they have no intention to threaten the petitioner or cause any harm to her. We record the above submission of the learned counsel for respondents 1 to 5 and dispose of the writ petition. We relegate the petitioner to pursue her remedy before the Civil Court. If the petitioner complains about the commission of any cognizable offence, the official respondents will take action in accordance with law in regard to the same. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS