IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 11827 of 2008(G) -------------------------------------- PETITIONERS: -------------------- VISHALAKSHY, AGED 75 YEARS, D/O.PARVATHY PONNU, KIZHAKKINTHARA VEEDU, KODITHARAKUZHI PURAYIDOM, IDANNATTUKONAM, PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.SIVARAJ SMTR.SUDARSANA DEVI RESPONDENTS: ----------------------- 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, PARASSALA, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, PARASSALA, THIRUVANANTHAPURAM. 4. A.S.I. OF POLICE, PARASSALA, THIRUVANANTHAPURAM. 5. DAYANANDHAN, (RETIRED SUB REGISTRAR), MARUTHARA VEEDU, K.G.SADHANAM, PARASHUVAYKKAL, PARASSALA. WPC NO.11827/2008 -2- 6. SYRRUS, (RETIRED TAHSILDAR), 144, T.C.NO.27/1946, PUTHEN JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM. 7. VISWANATHAN, (RETD. FROM TALUK OFFICE), S/O.UMMINI NEELAKANDAN, T.C.49/147, SYAM NIVAS, KAMALESHWARAM, IRANIMUTTAN, THIRUVANANTHAPURAM. 8. ALBY, MAREEJAM CODE, KULATHINKARA VEEDU, KUNNATHUKAL, THIRUVANANTHAPURAM. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R5 BY ADV.SRI.K.B.PRADEEP. R6 BY ADV. SRI.JOHN JOSEPH(ROY). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11827/2008 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEOFRE THE IST RESPODNENT 29.3.2008. EXT.P2. TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE IST RESPONDENT VIDE NO. G3 (B) 10887/08 DATED 1.4.2008. RESPONDENT'S EXHIBITS: EXT.R5A. TRUE COPY OF THE FIR DATED 26.3.2008 OF THE PARASSALA POLICE STATION. EXT.R5B. TRUE COPY OF THE JUDGEMENT DATED 11.4.2002 IN O.S.NO.114 OF 93 OF THE SUB COURT, NEYYATTINKARA. H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.11827 of 2008-G ------------------------------------------------- Dated, this the 15th day of October, 2008 JUDGMENT A.K.Basheer, J. Petitioner, who is stated to be a 75 year old lady seeks the intervention of this Court and issue a direction to respondents 1 to 3 to provide adequate and effective protection to her and her family members in order to enable her and the family to reside peacefully in their residence. 2. We have carefully perused the averments made in the writ petition and also the statement filed by the Sub Inspector of Police, Parassala Police Station. It is revealed from the statement that a crime was registered by the Police against the petitioner on the basis of a complaint lodged by respondent No.5 alleging commission of offence punishable under Sections 447, 427 read with Section 34 IPC. The Police has completed the investigation and charge sheet has been laid before the competent Magistrate. 3. In the counter affidavit filed by respondents No.5 he has specifically averred that this petition is nothing but an abuse of the W.P.C. No.11827/2008 -2- process. Learned counsel further submits that the petitioner has filed this writ petition as a counter blast to the crime registered against her. 4. We do not find any reasonable ground to issue any direction as prayed for by the petitioner in this writ petition. However, since the petitioner has reportedly submitted Ext.P1 representation before respondent No.1, we are of the view that a direction can be issued to the said respondent to take appropriate decision on the same in accordance with law, if the same has been received. We do so. The Writ Petition is closed with the above terms. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS