IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 12083 of 2008(L) -------------------------- PETITIONER: ------------ PRASANNA KUMAR, AGED 53, D/O.LATE BHARATHI, MAVILA VEEDU, KOTTAPPURAM VILLAGE. BY ADV. SRI.V.V.RAJA SRI.R.RENJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, PARAVUR POLICE STATION. 4. YAGNESHWARA MANI, MAVILA VEEDU, KOTTAPPURAM VILLAGE. 5. PRABATHA, W/O.YAGNESHWARA MANI, MAVILA VEEDU, KOTTAPPURAM VILLAGE. BY ADV. SRI.R.S.KALKURA FOR R4 & R5 SRI.HARISH GOPINATH FOR R4 & R5 Government Pleader MR.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 12083/08 -2- APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF FIR NO.267/02 DT.29.9.02 OF THE PARAVUR POLICE STATION EXT.P2 TRUE COPY OF THE WOUND CERTIFICATE DT.28.9.2002 EXT.P3 TRUE COPY OF THE REPRESENTATION DT.29.3.2008 BY THE PETITIONER EXT.P4 TRUE COPY OF THE RECEIPT ISSUED FORM THE OFFICE OF THE SP, KOLLAM EXT.P5 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE CI OF POLICE PARAVUR DT.4.4.2008 TRUE COPY PA TO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.12083 of 2008-L -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner and the 4th respondent are sister and brother. The 5th respondent is the wife of the 4th respondent. Alleging that respondents 4 and 5 are threatening the life of the petitioner, this Writ Petition is filed, seeking police protection. 2. The learned counsel for respondents 4 and 5, on 10.04.2008 submitted that those respondents have no intention whatsoever to physically harm the petitioner. This court on the said date, recorded the said submission. The learned Government Pleader upon instruction submitted that there was some dispute regarding the use of the prayer room in the disputed building, over which the petitioner claims exclusive right on the strength of a settlement deed. The 4th respondent submits that the settlement deed is invalid and he also has got a share in the property. For setting aside the settlement deed and for partition, he along with his sister has already moved the civil court, it is submitted. In view of the submission made on behalf of respondents 4 and WPC 12083/08 -2- 5, no further orders are required in this Writ Petition. The petitioner may take recourse to the remedies available under law to resolve the civil dispute. If, in violation of the undertaking given by respondents 4 and 5, any threat is made to the life of the petitioner by the said respondents, the petitioner may move the third respondent. In that event, the third respondent shall look into the matter and take appropriate action in accordance with law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE 26.05.2008 M.C.HARI RANI, JUDGE sta