IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28962 of 2011(U) ------------------------------------------- PETITIONER(S): ------------------------- P.JYOLSANA, AGED 39 YEARS, W/O.LATE VINCENT SILVA, T.C.45/1054, VINCENT NIVAS, BHEEMAPALLY WARD, MUTTATHARA VILLAGE, VALLAKKADAVU P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM-695 001. 2. THE ASSISTANT COMMISSIONER OF POLICE, SHANKUMUGHAM DIVISION, THIRUVANANTHAPURAM-695 023. 3. THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM-695 008. 4. JOY GEORGE, AGED 39 YEARS, S/O.GEORGE, 'ANAS DALE', NEAR ROSE MINI CONVENT, CHERIYATHURA, THIRUVANANTHAPURAM-695 008. R1 TO R3 BY GOVERNMENT PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28962/2011 U APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S HUSBAND DATED 17-7-2010 ISSUED BY CORPORATION OF THIRUVANANTHAPURAM. EXHIBIT P2: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P3: TRUE COPY OF THE PLAINT IN OS 1769/2011 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM. EXHIBIT P4: TRUE COPY OF THE INTERIM ORDER DATED 13-10-2011 IN IA 7798/2011 IN OS 1769/2011 OF MUNSIFF COURT, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: R4(A): COPY OF THE ORDER OF THE MUNSIFF COURT THIRUVANANTHAPURAM IN I.A.NO.7798/2011 IN O.S.NO.1796/2011 DTD. 24/10/2011. R4(B); COPY OF THE O.P.NO.1205/2010 FILED BY THE WRIT PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. R4(C): COPY OF THE I.A.NO.336/11 IN O.P.1205/10 FILED BY WRIT PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. R4(D): COPY OF THE M.C.NO.56/2010 FILED BY WRIT PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. R4(E): COPY OF THE AFFIDAVIT FILED BY WRIT PETITIONER IN SUPPORT OF INTERIM ORDER IN M.C.NO56/10 BEFORE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. R4(F): COPY OF THE RELEVANT PORTION OF THE VOTERS' LIST OF THIRUVANANTHAPURAM LEGISLATIVE ASSEMBLY ELECTION,2011 PART 114. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 28962 OF 2011 ------------------------ Dated this the 2nd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a lady, is seeking police protection for her life and limbs from the 4th respondent who is a cousin of her deceased husband. The materials produced by the petitioner will show that she is pitted in a civil suit with the 4th respondent. 2. The learned counsel for the petitioner Sri.Anil P.V. submits that in the civil suit the court has already issued a temporary injunction in favour of the petitioner. The petitioner is not seeking any relief in respect of the property. She is seeking only protection for her life. 3. In the nature of the decision we are taking in this writ petition, we are of the view that notice to the 4th respondent can be dispensed with. Ext.P2 petition filed by the petitioner is seen pending before the 3rd respondent - Sub Inspector of Police. We dispose of this writ petition in the following terms; If Ext.P2 petition submitted by the petitioner is even now WPC.No.28962/2011 2 pending before the 3rd respondent, the 3rd respondent will take up that petition immediately and conduct thorough enquiry into the same. If the enquiry reveals that there is threat to the petitioner's life or limbs from the 4th respondent, the 3rd respondent will do everything that is necessary for protecting the petitioner's life and limbs from all danger. We caution the 3rd respondent against intervening in the civil dispute which is pending before a competent Civil Court. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk