IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 6515 of 2010(L) ------------------------------------- PETITIONER(S): ---------------------- BEEYATHU, W/O.MOIDEEN KUNJU, AGED 55 YEARS, ELAVUMCHALIL, NELLIKUZHI, KOTHAMANGALAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): -------------------------- 1. SALIM, ELAVUMCHALIL, MADIYOOR KARA, PAKLARIMANGALAM, NELLIKUZHI, KOTHAMANGALAM. 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM. 3. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. R1 BY ADV. SRI.S.JIJI R2 & R3 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6515 OF 2010: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE PHOTOCOPY OF THE TREATMENT RECORD. EXT.P1A.TRUE PHOTOCOPY OF THE TREATMENT RECORD. EXT.P1B. TRUE PHOTOCOPY OF THE TREATMENT RECORD. EXT.P1C. TRUE PHOTOCOPY OF THE TREATMENT RECORD. EXT.P2. TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. EXT.P3. TRUE COPY OF THE TREATMENT RECORDS DATED 8.3.2009 OF VRC HOSPITAL, VETTOM. EXT.P4. TRUE COPY OF THE TREATMENT RECORDS DATED 21.1.2010 OF MAR BASELIOS MEDICAL MISSION HOSPITAL, KOTHAMANGALAM. EXT.P5. TRUE COPY OF THE VOTERS LIST SHOWING THAT THE RESPONDENT IS RESIDING IN HOUSE NO.5/195. EXT.P6. TRUE COPY OF THE VOTERS LIST SHOWING THAT THE PETITIONER AND HER HUSBAND ARE RESIDING IN A HOUSE BEARING NO.6/223. EXT.P7. TRUE COPY OF THE CANCELLATION DEED DATED 16.2.2010. EXT.P8. TRUE COPY OF THE TAX RECEIPT DATED 12.3.2010. EXT.P9. TRUE COPY OF THE POSSESSION CERTIFICATE 12.3.2010. RESPONDENT'S EXHIBITS: EXT.R1A. TRUE COPY OF THE SALE DEED NO.226/2009 OF SRO, KOTHAMANGALAM. //TRUE COPY// P.S.TO JUDGE. K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 6515 OF 2010 L --------------------------------------------------- Dated this the 24th March, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed with the following prayers: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 2 and 3 to grant adequate and meaningful police protection to the life and property of the petitioner, her husband and son from any fort of threat, injury or intimidation at the hands of 1st respondent, his men, agents or servants. ii) Direct the 2nd respondent to register crime against the first respondent on the basis of Ext.P2 petition filed by the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a lady of 55 years of age, hailing from a very respectful family. Her husband is laid up due to various illness WPC.6515/2010 L 2 for the past three years. The first respondent is the son of the petitioner's husband in another marriage. The mother of the first respondent was divorced more than twentyfour years back. First respondent is a financier. The husband of the petitioner had purchased and handed over fifteen cents of property with a residential building to the first respondent. It is stated that recently, the first respondent came to the residence of the petitioner and demanded the title deed of the residential property of the petitioner. The said property was purchased in the name of the petitioner and her husband. There is threat for which she filed complaints. A Counter Affidavit is filed by the first respondent to which a Reply Affidavit is filed by the petitioner. 3. We heard the learned counsel appearing for the parties. According to the learned counsel for the first respondent, the father of the first respondent had executed a document in his favour an extent of five cents. He refers to various cancellation documents. He would submit that the first respondent has no intention to cause threat either to the petitioner or his father. We WPC.6515/2010 L 3 record the submission and relegate the parties to pursue their remedies before the competent civil court. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge