IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29062 of 2011(G) -------------------------- PETITIONER(S): --------------------- ELIKKUTTY, AGED 76, W/O.LATE JOSEPH, OLIYANATTIL HOUSE, CHETHIKODE P.O., KANJIRAMATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.MANU ROY RESPONDENT(S): ------------------------ 1. THE SUB INSEPCTOR OF POLICE, MULANTHURUTHY POLICE STATION. 2. GEORGE O.J., AGED 36, S/O.LATE JOSEPH, OLIYANATTIL HOUSE, CHETHIKODE P.O., KANJIRAMATTOM, ERNAKULAM DISTRICT. 3. LINDA, AGED ABOUT 26, W/O.GEORGE O.J. OLIYANATTIL HOUSE, CHETHIKODE P.O., KANJIRAMATTOM, ERNAKULAM DISTRICT. BY SENIOR GOVERNMENT PLEADER SRI.M.K.BOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 29062 of 2011(G) ---------------------------------------- APPENDIX ---------------- PETITIONER(S) EXHIBITS --------------------------------------- EXHIBIT P1: A COPY OF THE PARTITION DEED NO.2660/1994 OF PIRAVOM SRO. EXHIBIT P2: A COPY OF THE TAX RECEIPT DATED 29/5/2006. EXHIBIT P3: A COPY OF THE COMPLAINT DATED 20/10/2011. EXHIBIT P4: COPY OF THE POSTAL RECEIPT DATED 22/10/11. RESPONDENTS' EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 29062 of 2011 --------------------------------- Dated this the 4th day of November, 2011 JUDGMENT Abdul Rehim,J. Petitioner is a widow aged 76 years. The 2nd respondent is her son and the 3rd respondent is her daughter in law. Petitioner is residing at the Tharavad property which is now in the ownership of another son, Sri. O.J.Jose who is at present working in Bhopal. Complaint of the petitioner is that respondents 2 and 3, who were permitted to reside with the petitioner in the said house, are causing harassment and nuisance to her peaceful life and also causing threat and intimidation to her life. It is alleged that the 2nd respondent is an addict to alcohol and he is capable of doing any high handed acts. A complaint was sent by the son of the petitioner who is working in Bhopal, as per Ext.P3, requesting the 1st respondent to take action to prevent the atrocities alleged to have been caused by respondents 2 and 3 and to protect the life of the mother and to permit her to live in the house in question. Grievance of the petitioner is that inspite WP(C).29062/2011 2 of receipt of such a complaint the 1st respondent is not taking any effective steps. Hence the petitioner seeks appropriate direction from this court to afford necessary protection to the life of the petitioner. Petitioner inter alia seeks direction against the 1st respondent to take steps to expel respondents 2 and 3 from the Tharavad property. 2. Inspite of service of notice from this court respondents 2 and 3, have not chosen to enter appearance or to contest the matter. Learned Government Pleader, on the basis of the instructions received from the 1st respondent, submitted that Ext.P3 complaint was enquired into and it reveals that apart from some domestic dispute between the petitioner and respondents 2 and 3 there is no actual threat to the life of the petitioner. 3. Considering the facts and circumstances we are of the opinion that the relief sought for to the extent of expelling respondents 2 and 3 could not be granted in exercise of the present jurisdiction vested on this court. However it should be ensured that the petitioner's life in the house in question is safe, without there being any threat to her life. The 1st respondent will keep a vigil over the situation and ensure that the life of the WP(C).29062/2011 3 petitioner is not in any danger. If any intimation is received regarding threat, necessary steps will be taken by the 1st respondent to avert such situation. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/