IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25854 of 2010(F) -------------------------- PETITIONER: --------------- P.N.SHNDHYA, AGED 43 YEARS, W/O.SASIKUMAR K.PILLAI, RESIDING AT ALLAYIL HOUSE NO-104,SREE KARUTHY KAMAN NAGAR, T.K.M.COLLEGE POST OFFICE, KOLLAM, BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, KOLLAM,691001 2. THE OFFICER IN CHARGE, ANHCALUMOODU POLICE STATION, ANCHALUMOODUO, KOLLAM,691601 3. THE OFFICER IN CHARGE, KILIKOLLOOR POLICE STATION, KILIKOLLOOR,KOLLAM,691004 4. R.KRISHNAKUMAR, S/O.LATE RAMACHANDRAN PILLAI, VADAKKEMAZHIYATHU VEEDU, NADUVILACHERRY, THRIKKARUVA VILLAGE, KOLLAM TALUK.691601 GOVERNMENT PLEADER SHRI T K VIPINDAS FOR R1-3 SHRI RAJEEV VIJAYARAGHAVAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25854 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE AGREEMENT ENTERED IN MAY 2009 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT. EXT.P2 : TRUE COPY OF THE COMPLAINT DATED 13.8.2010 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3. RESPONDENTS' EXHIBITS : NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 25854 of 2010 F - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking police protection. 2. Briefly the case of the petitioner is as follows. Petitioner's husband, who is working abroad, entered into an agreement to sell the property referred to in paragraph 2 of the Writ Petition to the 4th respondent. The 4th respondent paid Rs. 8 Lakhs. It is stated that the balance consideration was not paid by the 4th respondent as agreed. There were repeated requests, but there was default on the part of the 4th respondent. Therefore, petitioner's husband was forced to enter into an agreement to sell the property with a third party. Petitioner's husband is reaching Kerala on the eve of Onam festival. Sensing his arrival, the 4th W.P.(C).No. 25854 of 2010 2 respondent is threatening the petitioner that if her husband reaches Kerala, he shall not be physically able to go back. 3. It is alleged that on 9.8.2010 some unknown persons, numbering 10, came to the residence of the petitioner and challenged that if the petitioner's husband sell the property to any other person, petitioner and the entire family members will be eliminated. 4. We heard learned counsel for the petitioner, learned counsel for the 4th respondent and the learned Government Pleader. 5. Learned counsel for the 4th respondent submits that the allegations are false. More importantly he submits that the 4th respondent has no intention to threaten the petitioner, her husband or her father. 6. We record the said submission and dispose of the Writ Petition, by making it clear that if the matter comes up before any competent court/forum, the said court/forum shall decide the matter untrammeled by anything contained in this judgment. If the petitioner still brings to the notice of the official respondents of any threat from W.P.(C).No. 25854 of 2010 3 the 4th respondent contrary to the submission made by the 4th respondent, the official respondent, before whom the matter is brought, shall look into the complaint and if it is found to be genuine, protection shall be given to the petitioner, her husband and her father, as against the 4th respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm