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 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14979 of 2010(V) -------------------------- PETITIONER: --------------- DANY THOMAS,S/O.THOMAS KOSHY,AGED 50 YEARS, STAR VIEW COTTAGE, KODUMON EAST PO, PATHANAMTHITTA DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. SUB INSPECTOR OF POLICE,KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT. 3. SUNIL GEORGE,S/O.GEORGE THOMAS,STAR VIEW KODUMON EAST PO, PATHANAMTHITTA DISTRICT. 4. GEORGE THOMAS,S/O.THOMAS KOSHY,STAR VIEW KODUMON EAST PO, PATHANAMTHITTA DISTRICT. G.P. SHRI. T K VIPINDAS FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 14979 of 2010 V - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 JUDGMENT Joseph, J. The prayer in the writ petition is: “to issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 and 2 to afford adequate and effective police protection to the life of petitioner's mother, his brother Mr.Thomas Jose, and persons employed by him and the property owned by the petitioner from the illegal acts of the 3rd respondent and his henchmen.” 2. The case of the petitioner is briefly as follows. The petitioner is an N.R.I. He has purchased properties. Ext.P2 is a Partition Deed. Ext.P2(a) is the tax receipt of the said property. The complaint of the petitioner is that the third respondent, who is his nephew, is misbehaving to the petitioner's mother, his W.P.(C).No. 14979 of 2010 V 2 brother and also to the maid servant. The third respondent is a chronic alcoholic. 4th respondent is the brother of the petitioner. The petitioner filed complaint before the police, but they are not giving protection to the lives of the petitioner and his family members. 3. After perusing the petition, we are of the view that this is not a fit case for exercising the jurisdiction under Article 226 of the Constitution. It is open to the petitioner to approach the competent civil court and seek appropriate relief. 4. This Writ Petition is disposed of relegating the petitioner to approach the competent civil Court. However, we make it clear that if the petitioner complains of any cognizable offence, action shall be taken in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) tm Judge W.P.(C).No. 14979 of 2010 V 3