IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33738 of 2011(N) -------------------------- PETITIONER(S): --------------- SHOBA M.NAIR, W/O.MADHUSOODANAN NAIR, AGED 52 YEARS, ANCHIL HOUSE, THAKAZHI P.O.. ALAPPUZHA-688562. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- 1. GIRISH PILLAI, 'SIVA NIVAS', NEAR PAZHAVEEDU TEMPLE, PAZHAVEEDU P.O. ALAPPUZHA - 688 009. 2. CIRCLE INSPECTOR OF POLICE, ALAPPUZHA CIRCLE, ALAPPUZHA - 688 001. 3. SUB INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, ALAPPUZHA - 688 560. R2 & R3 BY SRI.SHYSON P MANGUZHA, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.33738 OF 2011 (N) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P1(A) : COPY OF THE RECEIPT OF ACCEPTANCE OF COMPLAINT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33738 OF 2011 ------------------------ Dated this the 16th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a lady aged 50 years, has filed this writ petition seeking protection for her own life and for the life of her daughter from the threats and contumacious acts of the first respondent. It is stated by the petitioner has recently get a document, executed by the petitioner as a result of the fraud and forgery played by the first respondent's friend Sri.Gumman Singh, set aside through the process of the civil court. The decree of the Civil Court was to the chagrin of not only to Sri.Gumman Singh but also the first respondent. Since then the first respondent and his aides are frequently threatening the petitioner and his daughter who are living alone(as the petitioner's husband is working abroad) with danger to life and limbs. 2. On this writ petition coming up for admission, the W.P.(C) No.33738 /2011 2 Government Pleader Sri. Shyson P.Manguzha has taken notice on behalf of the State Attorney for respondents 2 and 3. 3. Having considered the averments in the writ petition and the documents produced along with the same and the submissions addressed at the Bar by Sri.Denizen Komath learned counsel for the petitioner and Sri.Shyson P..Manguzha learned senior Government Pleader for the State Attorney, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of what the petitioner says. But, we find that Ext.P1 has been submitted by the petitioner before the 3rd respondent. We direct the 3rd respondent to take up Ext.P1 and to conduct an immediate enquiry. As part of the enquiry, the 3rd respondent can summon the first respondent. If the enquiry reveals that there is threat to the life and limbs of the petitioner and her daughter and also their peaceful residence in their house from the part of the first respondent, the 3rd respondent shall take such action as are necessary for protection the lives and limbs of the petitioner, her daughter as well as their peaceful residence in their house. 4. The petitioner is directed to send a copy of this W.P.(C) No.33738 /2011 3 judgment by registered post with acknowledgment due as soon as she gets the same . The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No.33738 /2011 4