IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 14197 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- GRACEAMMA THOMAS,VASANTHA BUILDINGS, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------ 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY,THIRUVANANTHAPURAM. 2. SREEDEVI,W/O.MOHANAN,KOVILVILA VEEDU, KULATHARA, KALADY,KARAMANA PO,THIRUVANANTHAPURAM. 3. SARASWATHY AMMA,D/O.PARVATHY PILLAI, KOVILVILA VEEDU,KULATHARA, KALADY,KARAMANA PO, THIRUVANANTHAPURAM. 4. KOMALAM,D/O.SARASWATHY AMMA, KOVILVILA VEEDU,KULATHARA, KALADY,KARAMANA PO, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.SHAJIN S.HAMEED FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14197 of 2010(Y) PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PETITION DATED 12.4.2010 SUBMITTED BEFORE THE IST RESPONDENT. EXT.P2.TURE PHOTOGRAPHS SHOWING THE LIE OF THE PROPERTY AND BUILDING. EXT.P3.TRUE COPY OF THE PETITION DATED 7.6.2010 FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R2A. TRUE COPY OF THE SALE DEED. EXT.R2B.TRUE COPY OF THE COMPLAINT DATED 22.4.2010 FILED BEFORE THE S.I. OF POLICE KARAMANA. EXT.R2C.TRUE COPY OF THE RECEIPT DATED 23.4.2010 ISSUED FROM THE COMMISSIONER OFFICE, THIRUVANANTHAPURAM. EXT.R2D. PHOTOGRAPH TAKEN ON 23.4.2010 SHOWING the DEMOLITIO OF BATHROOM. EXT.R2E. TRUE COPY OF THE ADVOCATE COMMISSION REPORT DATED 10.6.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.14197 of 2010-Y ---------------------------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief: “ to issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the Ist respondent to afford adequate and effective police protection to the life of the petitioner, enabling her to do the maintenance work with her workers in the building bearing No.TC 50/822-9 and also to complete the compound wall in Sy.No.3541/1-1 of Manacaud Village.” 2. A counter affidavit has been filed by respondents 2 to 4. 3. We heard the learned counsel for the petitioner, learned counsel for the party respondents and also the learned Government Pleader. After hearing them we do not think that it is an appropriate case for exercise of jurisdiction under Article 226. Learned counsel for the petitioner expressed apprehension about threat to life. Learned counsel for respondents 2 to 4 would categorically submit before us that respondents 2 to 4 have no intention to cause any threat to the life of the petitioner. We record the same and relegate the petitioner to pursue the remedies open WPC 14197/2010 -2- to her in the appropriate forum. If there is any threat to the life of the petitioner from respondents 2 to 4 petitioner will be free to approach the police. Further, if the petitioner complains about commission of any cognizable offence by respondents 2 to 4 action shall be taken in accordance with law. We make it very clear that we have not pronounced on the property rights of the parties. The Court/forum before whom any matter comes between the petitioner and respondents 2 to 4 shall be free to pronounce in regard to the same untrammeled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS