IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34884 of 2011(I) -------------------------------- PETITIONER(S): ----------------- VIJAYAKUMAR S. N., AGED 47, D/O SUKESINI BHAI, CRA 69, TC II/1508/2, MURINJAPALAM, PATTOM, PATTOM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): ------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695001. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE CIRCLE, THIRUVANANTHAPURAM - 695004. 3. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION - 695004. 4. RAVEENDRAN, RAJEEV BHAVAN, CRA 66, NALANDA GARDEN LANE, MURINJAPALAM, PATTOM P.O., THIRUVANANTHAPURAM - 695004. 5. BHASKARAPILLAI V., MOHANA BHAVAN, CRA 66, T.C.1508(3), NALANDA GARDEN LANE, MURINJAPALAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004. WP(C).No. 34884 of 2011(I) -2- 6. DINAMANI K., ANMINA, CRA 78, T.C.1483, NALANDA GARDEN LANE, MURINJAPALAM, PATTOM P.O., THIRUVANANTHAPURAM - 695004. GOVT. PLEADER SRI.SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34884 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE SETTLEMENT DEED EXECUTED ON 01/07/1988. EXT.P2:- TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PATTOM VILLAGE OFFICE. EXT.P3:- TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM. EXT.P4:- TRUE COPY OF THE INTIMATION DATED 04/12/11 ISSUED FROM THE OFFICE OF 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.34884 of 2011 ------------------------------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner complains that there is subsisting threat to the life of herself and her two children from the part of respondents 4 to 6 who are very much antagonized by the arrangements which the petitioner has made for constructing a compound wall on the boundary between the petitioner's property and their properties. According to the petitioner, even though the police were moved by a petition and the police have issued Ext.P4 receipt in acknowledgment of the petition, the police have not taken any action. Hence, this Writ Petition seeking directions for police protection for the lives and limbs of the petitioner and her children. 2. When this Writ Petition came up for admission Sri.Susheel Cyriac, the learned Government Pleader took W. P. C. No.34884 of 2011 -2- notice on behalf of respondents 1 to 3. It was pointed out that going by Ext.P4, the petition which the petitioner has submitted before the police was one for protection for construction of compound wall. Sri.Shajin S. Hameed submitted that protection for construction of compound wall will be obtained by the petitioner from the competent civil court if necessary and that the protection which the petitioner is seeking from this Court is only the protection for life. 3. We feel having regard to the averments in the Writ Petition, the various documents produced and the submissions addressed at the Bar by Sri.Shajin S. Hameed, the learned counsel for the petitioner and Sri.Susheel Cyriac, the learned Government Pleader that the Writ Petition can be disposed of at this stage itself granting limited relief to the petitioner even without notice to the party respondents. Hence, the Writ Petition is disposed of in the following terms:- 4. The 3rd respondent before whom the petitioner has W. P. C. No.34884 of 2011 -3- submitted the petition against which Ext.P4 receipt has been issued by him will take up the petition immediately. He will conduct a thorough and sincere enquiry into the petition. As part of the enquiry he can summon or meet respondents 4 to 6. If the enquiry reveals that the allegation of the petitioner that there is subsisting threat to his own life and the lives of his children from the part of the party respondents is true, then the 3rd respondent will take such steps as are necessary for protecting the lives and limbs of the petitioner and her two children from all danger. Petitioner is directed to send a copy of this judgment as soon as she receives the same by registered post with acknowledgment due to respondents 4 to 6. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.34884 of 2011 -4-