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 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 26275 of 2008(C) --------------------------------------- PETITIONER(S): ----------------------- 1. DR.USHA GEORGE, KOCHUTHUNDIYIL FIELD VIEW, NARANGANAM MURI, NARANGANAM VILLAGE, PATHANAMTHITTA. 2. ANIL GEORGE, KOCHUTHUNDIYIL FIELD VIEW, NARANGANAM MURI, NARANGANAM VILLAGE, PATHANAMTHITTA. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENT(S): ------------------------ 1. DIRECTOR GENERAL OF POLICE, KERALA STATE, TRIVANDRUM. 2. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY, PATHANAMTHITTA. 4. SUB INSPECTOR OF POLICE, ARANMULAI POLICE STATION, PATHANAMTHITTA. 5. PRAKASH GEORGE, 13, SKY LARK, ANGELORE SOCIETY, PESTOM SAGAR, CHEMBUR, MUMBAI-89. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 TO R4 ADV. SRI.BABU S. NAIR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 26275/2008-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR IN CRIME NO.331/08 DATED 11/06/2008. EXT.P2: COPY OF THE PETITION DATED 15/07/2008 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 22/08/2008 BEFORE RESPONDENTS 1 TO 4. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE COMPLAINT LODGED BY THE 2ND PEITIONER BEFORE THE COMMISSIONER OF POLICE, MUMBAI DATED 12/08/2008. //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 26275 OF 2008 ============================ DATED THIS THE 5th DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The first petitioner is the elder sister of the 5th respondent. The second petitioner is his younger brother. The said respondent is a Senior Inspector in Mumbai Police. The petitioners allege, the 5th respondent is physically harassing and threatening the petitioners with a view to snatch away their ancestral property. The petitioners submit, the first petitioner was attacked by the 5th respondent on 9-6-2008 when she was returning in her car from a hospital. The petitioners further allege, the 5th respondent came to their ancestral home on the midnight on 10-6-2008 and caused extensive damages there. Based on the above two incidents, the petitioners lodged an information before the Aranmulla Police on 11-6-2008 and a crime has been registered by the police as per Ext.P1 for the WPC.26275/2008 -2- offences under Sections 341,323,294(b) and 427 of the Indian Penal Code. Since the 5th respondent caused to continue the harassment employing some gundas, the petitioners preferred Exts.P2 and P3 representations before the police officials and thereafter this writ petition is filed seeking appropriate directions to the police to protect them. 2. The 5th respondent has filed a counter affidavit denying all the allegations against him. He also submitted that he has no intention whatsoever to physically attack or harm the petitioners. 3. The learned Government Pleader, upon instructions, submitted that there is a dispute in the family regarding the apportionment of the family properties. The bickerings in the family are the results of the dispute in that matter. 4. The petitioners have filed a reply affidavit dealing with the averments in the counter affidavit of the 5th respondent. It is common case that at present the 5th respondent is in Mumbai and therefore, he cannot now physically harm or harass the petitioners. But when he comes to Kerala, if the petitioners apprehend any violence against them from his part, they may WPC.26275/2008 -3- inform the 4th respondent. In that event, the 4th respondent shall look into the same and take necessary steps to protect them. The police shall not interfere, if the 5th respondent peacefully visits his ancestral home where his mother is residing. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.