IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 10596 of 2009(T) -------------------------------- PETITIONER(S): ------------------ USHA, D/O.RATNAVALLY,CHARUVILA PUTHEN VEEDU,ALUKUNNAM, KADAKKAL. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE,KADAKKAL POLICE STATION. 2. KADAKKAL GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,KADAKKAL. 3. BAHULEYAN,EZHUTHUKUZHI HOUSE, ALUKUNNAM, KADAKKAL. 4. PRAKASH, S/O.KUTTAN,EZHUTHUKUZHI HOUSE, ALUKUNNAM,KADAKKAL. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10596 of 2009(T) APPENDIX PETITIONER'S EXTS EXT.P1:- A TRUE COPY OF THE DECREE IN O.S. NO.295/96 ON THE FILE OF THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P2:- A TRUE COPY OF THE ORDER IN I.A.2103/08 IN O.S.387/08. EXT.P3:- A TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.10596 of 2009 ------------------------------------------------ Dated this the 23rd day of August, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition filed under Article 226, the prayer is that first respondent, Sub Inspector of Police be directed to afford requisite protection to the petitioner's life and property against the alleged acts of obstruction caused by respondents 2 to 4. This Court did not become inclined to grant interim protection though the same was sought for. Today, when this Writ Petition is listed for hearing the counsel for the petitioner sought for further time to seek further instructions from the party. We are not inclined to grant time. We dispose of the Writ Petition permitting the petitioner to file a fresh petition before the first respondent if threat to his life from the part of the party respondents W. P. C. No.10596 of 2009 -2- subsists and if such a petition is received from the petitioner within three weeks from today, the petition will be enquired into and the first respondent will take appropriate action on the basis of the facts revealed in the above enquiry. As for the protection sought in respect of the property, we decline the same as it is for the civil court to take a decision and as the civil court is already in seizin of the issue. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-