IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 19077 of 2008(U) -------------------------- PETITIONER(S): --------------- BINDU GEORGE, D/O LATE M.D. GEORGE, ROSE COTTAGE,MARAMPILLY P.O., ALWAYE. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.SANU.S.PANICKER RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, RURAL ALUVA, ERNAKULAM. 2. KADAVIL PACO S/O PACO CHALAKIL, MARAMPILLY, ALUVA, 3. SHERIFF, S/O KADAVIL PACO, CHALAKIL, MARAMPILLY, ALUVA, 4. GAFOOR, S/O KADAVIL PACO CHALAKIL, MARAMPILLY ALUVA, 5. SIDDIQUE S/O KADAVIL PACO CHALAKIL, MARAMPILLY ALUVA, 6. AZEZ S/O KADAVIL PACO CHALAKIL, MARAMPILLY ALUVA, ADV. SRI.DINESH R.SHENOY FOR R2 TO 6 SHRI.BENJAMIN PAUL, SR. GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19077/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE COMPLAINT DATED 04/09/2005 SUBMITTED TO THE 1ST RESPONDENT. P2 : COPY OF THE COMPLAINT DATED 28/04/2008 SUBMITTED TO THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg K.BALAKRISHNAN NAIR & M.C.HARI RANI, J J. ------------------------- W.P.(C.) No.19077 of 2008 --------------------------------- Dated, this the 23rd day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a spinster, who is staying along with her old grant mother and mentally retarded brother. The respondents 2 to 6 are running a granite crusher unit in the neighbouring property. The petitioner submits that the capacity of the unit was increased illegally. Further, the crusher unit is causing great nuisance to her. So the petitioner filed several complaints before various authorities like Grama Panchayat, Pollution Control Board, etc. Infuriated by this, the respondents 2 to 6 are threatening and harassing her. The 5th respondent came to the house of the petitioner on 23/04/2008 saying that he wanted to have some discussions with her about the complaints made by her. But he threatened the petitioner not to pursue her WP(C) No.19077/2008 -2- complaints. He told her that he is running three quarries with the assistance of gundas and he is having bombs also. He also told that he will finish the petitioner and will go to jail, it is submitted. The frightened petitioner filed Ext.P1 representation before the Deputy Superintendent of Police about the incident and also seeking protection to her life, which was followed by Ext.P2 representation before the Superintendent of Police. Alleging that the police did not take any action, this writ petition is filed. 2. The learned Government Pleader upon instructions submitted that since the petitioner is a spinster living alone, the police took special care to look into the grievances of the petitioner. The Deputy Superintendent of Police visited the place and took her statement. The party respondents were summoned and they were strictly warned not to create any problem to her. It is submitted that the police is keeping surveillance over the area and if she points out any problem, the police will take appropriate remedial action. WP(C) No.19077/2008 -3- 3. The respondents 2 to 6 have filed a counter affidavit denying all the allegations against them. They submitted that the petitioner has got an axe to grind against them for having objected to filling up of a water channel. The allegations are made to defame and harass them. All the allegations are unfounded. They further submitted that they have no intention, whatsoever, to threaten the petitioner or to cause any harm to the petitioner in any manner. 4. We notice that the submissions made by the learned Government Pleader will redress the grievance of the writ petitioner. The respondents 2 to 6 also submitted before this Court that they have no intention, whatsoever, to harass the petitioner. We record the above submission. If there is any physical threat or harm to the petitioner from the side of the respondents 2 to 6, she may inform the same to the local Sub Inspector of Police and in that event, he shall take appropriate action in accordance with law as the WP(C) No.19077/2008 -4- occasion demands to protect the petitioner. The writ petition is disposed of as above. Sd/- (K.BALAKRISHNAN NAIR, JUDGE) Sd/- (M.C.HARI RANI, JUDGE) jg