IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 8357 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------- 1. SHEELA K.P., AGED 47 YEARS, W/O.SUGATHAN, PARAVANA, MOOGNODU (PO), VARKALA, THIRUVANANTHAPURAM. 2. KRISHNENDU, D/O.MITHUN, AGED 19 YEARS, PARAVANA, MOOGNODU (PO), VARKALA, THIRUVANANTHAPURAM. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): ----------------------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL POLICE STATION 695 101. 3. CIRCLE INSPECTOR OF POLICE, VARKALA - 695 141. 4. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION - 695 605. 5. DEEPAK, THEKKEVILA HOUSE, THOPPIL, OTTUR VILLAGE, MOONGODU (PO), THIRUVANANTHAPURAM. PIN - 695 144. Kss ..2/- ..2.... WPC.NO.8357/2011 T 6. SHIBI, S/O.RADHAMANI, KOZHAKKEKOCHUVILA HOUSE, THETTIKULAM, OTTUR VILLAGE, MOONGODU (PO), THIRUVANANTHAPURAM DISTRICT - PIN - 695 144. 7. SAJITH, S/O.LATE SUBASH, THETTIKULAM, VADAKASSERIKONAM, MOONGODU (PO), THIRUVANANTHAPURAM DISTRICT - PIN - 695 144. 8. SAJU, S/O.SADANANDAN, SHILPA HOUSE, THETTIKULAM, OTTUR VILLAGE, MOONGODU (PO), THIRUVANANTHAPURAM DISTRICT PIN - 695 144. 9. AJESH, THETTIKULAM HOUSE, THETTIKULAM, OTTUR VILLAGE, MOONGODU (PO), THIRUVANANTHAPURAM DISTRICT - PIN - 695 144. R1 TO R4 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R5 TO R8 BY ADVS.SRI.V.S.CHANDRASEKHARAN, SRI.R.RAJESH (VARKALA), SMT.LEKSHMI SWAMINATHAN, KUM.D.MINI RAJAN. R9 BY ADV. SRI.C.R.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011 ALONG WITH WPC NO. 8404 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8357/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXTRACT OF THE WOUND CERTIFICATE OF THE 1ST PETITIONER. P2: COPY OF TREATMENT CERTIFICATE OF 1ST PETITIONER. P3: COPY OF THE EXTRACT OF THE WOUND CERTIFICATE OF THE 2ND PETITIONER. P4: COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DTD. 9/02/2011. P5: COPY OF THE COMPLAINT FILED BEFORE THE RURAL SP OF POLICE, THIRUVANANTHAPURAM. P6: COPY OF THE EXTRACT OF THE COMPLAINT TO THE 1ST PETITIONER FILED COMPLAINT BEFORE THE VANITHA COMMISSION AND HONOURABLE HOME MINISTER. P7: COPIES OF THE EXTRACT OF THE COMPLAINT TO THE 2ND PETITIONER FILED COMPLAINT BEFORE THE VANITHA COMMISSION AND HONOURABLE HOME MINISTER. P8: COPY OF THE ORDER IN B.A.NO.1703/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NOS:8357 & 8404 OF 2011 ----------------------------------------------------------- Dated this the 25th March, 2011. JUDGMENT Basant, J. These writ petitions are being disposed of by this common judgment as the dispute raised is substantially identical. A mother and her daughter-in-law are the petitioners in W.P(C) No:8357/2011; whereas her two sons are the petitioners in W.P (C) 8404/2011. 2. The petitioners in both these petitions claim protection from respondents 5 to 9 who are common in both the petitions. According to the petitioners they apprehend harm to their lives and person from respondents 5 to 9. Respondents 5 to 9 on account of prior animosity have indulged in and are likely to indulge in contumacious, culpable and violent conduct against the petitioners. In these circumstances it is prayed that appropriate directions may be issued under Art.226 to afford protection to the petitioners. 3. Respondents 5 to 9 have entered appearance through counsel. The learned counsel contends that all the allegations in WPC 8357 & 8404/2011 2 the petitions are untrue and incorrect. The boot is on the other leg. It is the petitioners who are indulging in culpable and objectionable conduct against respondents 5 to 9. Cleverly separate petitions have been filed recognising the reality that a crime has been registered against the petitioners in W.P(C) 8404/2011 i.e the two sons. Respondents 5 to 9 have no intention whatsoever to indulge in any culpable conduct against the petitioners. They actually apprehend improper and objectionable conduct from the petitioners herein. In these circumstances no directions are liable to be issued in favour of the petitioners in these two petitions. Petitions may be dismissed it is prayed. 4. We turned to the learned Govt. Pleader for submissions. The learned Govt. Pleader after taking instructions from respondents 1 to 3 submits that in the perception of the police officials there is no threat to the lives or person of the petitioners in these petitions or for lives or person of respondents 5 to 9. A crime and counter crime have been registered and investigation is in progress. Necessary and needful action shall be taken by the police to abate any threat against either party emanating WPC 8357 & 8404/2011 3 from the other. There is no necessity to issue any directions under Art.226 submits the learned Govt. Pleader. 5. We have considered all the relevant inputs. We take note of the allegations and counter allegations raised by the rival contestants. We take note of the submissions of the learned Govt. Pleader. It is the burden and responsibility of the police to maintain law and order. The police has to take action for crimes committed and also to deter the commission of crimes. In exercise of our jurisdiction under Art.226, directions can be issued where the Court feels particular necessity to issue such directions. Ordinarily and normally it must be left to the police to ensure that law and order is maintained and no crimes are committed. Having rendered our anxious consideration to the relevant inputs in this case we are not persuaded to agree that any specific directions under Art.226 can or deserve to be issued. The submissions of the learned Govt. Pleader on behalf of respondents 1 to 3 can be safely accepted and proceedings can be closed. 6. In the result; a) This petition is dismissed. WPC 8357 & 8404/2011 4 b) We make it clear that we dismiss the petition accepting the submissions of the learned Govt. Pleader on behalf of respondents 1 to 3. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8357 & 8404/2011 5