IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 13128 of 2010(M) ------------------------------- PETITIONER(S): --------------------- 1. N.M.MATHAI, S/O.MATHAI, AGED 72 YEARS, NADUVATH, KOTTAPPADY,KOTTAPADY VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. SARAMMA MATHAI, W/O.N.M.MATHAI, AGED 68, NADUVATH,KOTTAPPADY,KOTTAPADY VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 3. SHELLY N.M, AGED 40 YEARS, S/O.N.M.MATHAI, KOTTAPPADY,KOTTAPADY VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.U.ZIYAD SMT.RAMEENA.P.K. RESPONDENT(S): ----------------------- 1. SUB INSPECTOR OF POLICE, KOTTAPPADY POLICE STATION, KOTHAMANGALAM, ERNAKULAM. 2. T.V.VARGHESE, S/O.VARGHESE, THEYYAMPURAM, POOYAMKUTTY, KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. LISSY VARGHESE, AGED 31, D/O.VARGHESE, THEYYAMPURAM, POOYAMKUTTY, KOTHAMANGALAM, ERNAKULAM DISTRICT. R1 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.13128 OF 2010 M PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 22.03.2010 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. EXT.P2 TRUE COPY OF THE TITLE DEED BEARING NO.2627/1957 OF SRO. KOTHAMANGALAM EXECUTED IN FVOUR OF THE 1ST PETITIONER. EXT.P2(A) TRUE COPY OF THE TITLE DEED BEARING NO.1747/1974 OF SRO, KOTHAMANGALAM EXECUTED IN FAVOUR OF THE 1ST PETITIONER. EXT.P2(B) TRUE COPY OF THE TITLE DEED BEARING NO.23/96 OF SRO, KOTHAMANGALAM EXECUTED IN FAVOUR OF THE 1ST PETITIONER. EXT.P2(C) TRUE COPY OF THE TITLE DEED BEARING NO.2573/96 OF SRO, KOTHAMANGALAM EXECUTED IN FAVOUR OF THE 1ST PETITIONER. EXT.P2(D) TRUE COPY OF THE TITLE DEED BEARING NO.2572/96 OF SRO, KOTHAMANGALAM EXECUTED IN FAVOUR OF THE 1ST PETITIONER. EXT.P3 TRUE COPY OF THE LAND TAX RECEIPT NO.4719670 DATED 19.7.2010 ISSUED BY THE VILLAGE OFFICER, KOTTAPADY TO THE 1ST PETITIONER. EXT.P4 TRUE COPY OF THE TITLE DEED BEARING NO.25/96 OF SRO, KOTHAMANGALAM EXECUTED IN FAVOUR OF THE 3RD PETITIONER. EXT.P5 TRUE COPY OF THE LAND TAX RECEIPT NO.4719671 DATED 19.7.2010 ISSUED BY THE VILLAGE OFFICER, KOTTAPADY TO THE 3RD PETITIONER. EXT.P6 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY KOTTAPADY GRAMA PANCHAYATH TO THE 1ST PETITIONER. RESPONDENTS' EXHIBITS; NIL. //True copy// PS to Judge K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 13128 OF 2010 M ------------------------------------------ Dated this the 24th November, 2010. JUDGMENT K.M. Joseph, J. Petitioners 1 and 2 are husband and wife and the third respondent is their son. The second respondent is the father of the third respondent. The third respondent is the wife of the third petitioner. Briefly put, the case of the petitioners is as follows: After the marriage of the third petitioner and third respondent, the third respondent started to disassociate with the petitioners and act upon the direction of the second respondent. Reference is made to the property of eight acres owned by the petitioners. There is reference to attack. The petitioners have filed Ext.P1 complaint and are before us. 2. Though served, there is no appearance for the party respondents. We heard the learned counsel for the petitioners and WP(C).13128/2010 M 2 the learned Government Pleader. In the nature of the case, the Writ Petition is disposed of directing that if the petitioners bring any complaint of threat by second respondent to them before the first respondent, the first respondent will look into the same and if the threat is found to be genuine, he will provide protection to the life of the petitioners against the second respondent. We make it clear that if the matter comes up before any Forum, such Forum will proceed to decide the matter untrammeled by anything contained in this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge WP(C).13128/2010 M 3