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 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19075 of 2011(H) --------------------------------------- PETITIONER: ------------------- CHERIYAKKI, DAUGHTER OF CHOOLAN, KARINGAMTHODI HOUSE, MUNDAKKULAM,P.O.MUTHUVALLOOR, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.MOHAMMED ASLAM. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN – 676 505. 2. CIRCLE INSPECTOR OF POLICE, MALAPPURAM, PIN – 676 505. 3. SUB INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT, PIN – 676 505. 4. PULIYANGADAN NEELAKNDAN, SON OF CHOOLAN, AGED AGED ABOUT 52 YEARS, VALLIKKATTUKUNDIL HOUSE,MUTHUPARAMBU P.O., MALAPPURAM DISTRICT, PIN – 673 638. 5. PULIYANGADAN CHATHANKUTTY ALIAS CHATHAN,S/O.CHOOLAN, AGED ABOUT 50 YEARS, KARINGAMATHODI HOUSE, MUTHUVALLOOR P.O, (VIA)KONDOTTY, MALAPPURAM DISTRICT, PIN – 673 638. 6. PULIYANGADAN KOTTAN, S/O.CHOOLAN, AGED ABOUT 58 YEARS, KARINGAMATHODI HOUSE, MUTHUVALLOOR P.O, (VIA)KONDOTTY, MALAPPURAM DISTRICT, PIN – 673 638. W.P.(C). NO.19075/2011-H: 7. PULIYANGADAN HARIDASAN, S/O.OF KOTTAN AGED ABOUT 32 YEARS, KARINGAMTHODI HOUSE, MUTHUVALLOOR, P.O., MALAPPURAM DISTRICT, PIN – 673 638. 8. PULIYANGADAN SANILKUMAR, S/O.NEELAKANDAN,AGED ABOUT 30 YEARS, VALLIKKATTUKUNDIL HOUSE, MUTHUPARAMBU P.O., MALAPPURAM DISTRICT, PIN – 673 638. 9. PULIYANGADAN SHIJU, SON OF NEELAKANDAN, AGED ABOUT 30 YEARS, VALLIKKATTUKUNDIL HOUSE, MUTHUPARAMBU P.O., MALAPPURAM DISTRICT, PIN – 673 638. R1 TO R3 BY GOVT. PLEADER SRI. M.R. SABU, R4 TO R9 BY ADVS. SRI.BABU S. NAIR, SRI.K.RAKESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19075/2011-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTERED ASSIGNMENT DEED EXECUTED BY LATE CHOOLAN IN FAVOUR OF THE PETITIONER DTD. 29/07/1987. EXT.P.2: COPY OF THE BASIC TAX RECEIPT ISSUED FROM MUTHUVALLOOR VILLAGE TO THE PETITIONER DTD. 23/04/2011. EXT.P.3: COPY OF THE RATION CARD ISSUED TO THE PETITIONER BY THE TALUK SUPPLY OFFICER, MANJERI DTD. 24/12/2008. EXT.P.4: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.273/2011 OF KONDOTTY POLICE STATION, DTD. 14/04/2011. EXT.P.5: COPY OF THE APPLICATION FILED BY THE PETITIONER'S SON BEFORE THE R.3. DTD. 12/04/2011. EXT.P.6: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, WOMEN'S CELL, MALAPPURAM DTD. 05/05/2011. EXT.P.7: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, MALAPPURAM DTD. 05/05/2011. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE R.6 DTD. 12/04/2011. EXT.R4.B: COPY OF THE COMPLAINT SUBMITTED BY THE RESPONDENTS 4 TO 9 TO THE SUPERINTENDENT OF POLICE, MALAPPURAM DTD. 18/06/2011. EXT.R4.C: COPY OF THE COMPLAINT SUBMITTED BY THE RESPONDENTS 4 TO 9 TO THE SUB-INSPECTOR OF POLICE, KONDOTTY, DTD. 18/06/2011. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.19075 of 2011 ------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This writ petition is filed by a lady complaining that there is real threat to her life and person from the part of respondent Nos.4 to 9 who appear to be closely related to her. Mr. M.P.M. Aslam, learned counsel for petitioner submitted that it is true that there are civil disputes in respect of the properties between the petitioner and party respondents. Petitioner is not seeking any relief from this court regarding the properties. The petitioner seeks protection for her life and also for the lives of her son, daughter-in-law and a grand child who are residing along with her. Upon instructions on the police, Mr. M.R. Sabu, learned Government Pleader submitted that it is true that there are property disputes between the petitioner and party respondents. On considering the petitions submitted W.P.(C).19075/11 -2- by the petitioner the party respondents were summoned and they have been warned against endangering the life of petitioner and members of her family. As regards property disputes, they have been advised to go in for recourse to process of civil law. Adv. Sri. Rakesh K. appearing for the party respondents submitted that his clients do not cause any threat on the life of the petitioner. Mr. Aslam quickly responded and drew our attention to Ext.P4. Mr. Rakesh K. at this juncture would submit that there is a counter case against the petitioner also. But the learned Government Pleader does not agree. 2. Having considered the rival submissions addressed at the bar and the materials placed on records we are of the view that all the civil disputes pending between the petitioner and party respondents should be settled by them through the process of civil court. But we feel that the petitioner can be granted protection for her own life and for the lives of the members of her family. We W.P.(C).19075/11 -3- dispose of the writ petition directing the 3rd respondent to keep vigil over the place where the petitioner resides and to ensure that adequate protection is given to the petitioner and all other persons residing along with the petitioner in her house for their lives and persons as and when request in that regard is received from the petitioner. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb