IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 36486 of 2010(I) ---------------------------------------------- PETITIONER(S): --------------------- RENY JERRO, W/O. JERRO, KUTTIYIL, PANICKAL P.O., KAYAMKULAM. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 690 502. 2. JERRO DAVID, AGED 43 YEARS, BUILDING NUMBER XVII/127, SHARON WOMEN'S HOSTEL BUILDING, K.P.ROAD, KAYAMKULAM. 690 502. R1 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.36486 OF 2010 I PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER BY KAYAMKULAM MUNICIPALITY. EXT.P2 TRUE COPY OF THE RECEIPT DATED 24.09.2010 ISSUED TO THE PETITIONER. EXT.P3 TRUE COPY OF THE RECEIPT DATED 15.06.2009. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 26.11.2010 SUBMITTED BY THE PETITIONER. EXT.P5 TRUE COPY OF THE RECEIPT DATED 26.11.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE COMPLAINT DATED 03.12.2010 SUBMITTED BY THE PETITIONER. EXT.P7 TRUE COPY OF THE RECEIPT DATED 03.12.2010 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //True Copy// PS to Judge. K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO.36486 OF 2010 I ------------------------------------------ Dated this the 17th December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: "Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to give adequate police protection to the life of the petitioner and also for running the hostel covered by Exhibit P1 licence." 2. Briefly put, the case of the petitioner is as follows: Petitioner, as permitted by Ext.P1, is running a women's hostel. There are forty inmates looked after by a warden. The building and land belongs to the petitioner. The second respondent, petitioner's estranged husband, is forcibly occupying a portion of the building. He is an alcoholic and there is physical violence to WP(C).36486/2010 I 2 force the petitioner to close down the hostel. Complaints were filed and the petitioner is before us. 3. Learned Government Pleader submits that the party respondent has filed OP.No.1019/2010 before the Family Court, Alappuzha seeking to restrain misuse of the property by the wife which, according to him, is acquired with his funds and he is suffering from heart aialments and is residing in a portion of the ground floor. Learned counsel for the petitioner would submit that the petitioner has no objection as things stand for the second respondent continuing to reside there. 4. After having heard the learned counsel for the petitioner and the learned Government Pleader, we dispose of the Writ Petition by recording the submission of the learned Government Pleader that in case there is any threat by the second respondent to the life of the petitioner or as against his threatening the inmates of the hostel, the police will give protection for their lives. We make it clear that if the matter comes up before the competent Forum in WP(C).36486/2010 I 3 any lis between the petitioner and second respondent, such Forum shall proceed to decide the matter untrammeled by anything contained in this Judgment and we have not pronounced on the property rights of the parties. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge