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 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 18071 of 2011(H) ------------------------------- PETITIONER(S): ------------------ 1. SIVADASAN, AGED 50, S/O.PAPPU, R/AT MANIKANDAPURAM VEEDU, NANDOOR, VALLAMKULAM, THIRUVALLA. PIN-689 101. 2. ANITHA, AGED 37, W/O.SIVADASAN, R/AT MANIKANDAPURAM VEEDU, NANDOOR, VALLAMKULAM, THIRUVALLA. PIN-689 101. BY ADV. SMT.T.S.MAYA (THIYADIL) SRI.P.Y.AHAMMED PHYSI RESPONDENT(S): ------------------- 1. CIRCLE INSPECTOR OF POLICE, THIRUVALLA. PIN-989 101. 2. SUB INSPECTOR OF POLICE, THIRUVALLA. PIN-989 101. 3. AJITH KUMAR, S/O.LATE RAVEENDRAN, R/AT MANIKANDATHARAYIL VEEDU, THONNALLOOR MURI, PANDALAM VILLAGE, ADOOR TALUK. ADV. SRI.S.R.SREEJITH FOR R3 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18071 of 2011(H) APPENDIX PETITIONERS' EXTS EXT.P1:- COPY OF THE ORDER PASSED IN WP.[CRL.] NO.12952/2009 EXT.P2:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND ITS RECEIPT. EXT.P3:- COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.18071 of 2011 ------------------------------------------------ Dated this the 27th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition under Article 226 is instituted by the petitioners, husband and wife seeking protection for their lives from the third respondent, nephew of the first petitioner. It is alleged that marriage between the petitioners which was a late one and was to the chagrin of the third respondent who was hoping to inherit the estate of the first petitioner and hence, he is now creating all sorts of troubles for the petitioner's peaceful life. Sri.Sreejith entering appearance on behalf of the 3rd respondent drew our attention to Ext.P1 and submitted that the first petitioner is in the habit of filing Writ Petitions without any good cause. He submitted that the third respondent is not causing any W. P. C. No.18071 of 2011 -2- threat on the lives of the petitioners and he also assured us that there will not be any trouble from the side of the third respondent towards the petitioners. As directed by us Smt.C.M.Charisma, the learned Government Pleader took instructions from the first respondent and she submitted that on receiving Exts.P2 and P3 notices were sent to both sides for conducting an enquiry. But the petitioners did not respond to the notices. Only the third respondent appeared before the police station. The third respondent stated that there was some monetary dispute in relation to a partnership business which the petitioner and the third respondent were conducting in Gulf. The third respondent has only demanded the amounts due on account of that business from the first petitioner. The learned Government Pleader also submitted that there is no threat to the lives of the petitioners from the third respondent and that the third respondent has been warned against causing any such W. P. C. No.18071 of 2011 -3- threat. 2. Smt.T.S.Maya per contra would dispute the submissions of the counsel for the third respondent and the learned Government Pleader. She submitted that the petitioners are apprehending danger to their lives from the third respondent. Having considered the rival submissions addressed at the Bar, we are of the view that the Writ Petition can be disposed of issuing the following directions:- 3. The third respondent is directed to have recourse to the process of civil court for settlement of monetary disputes if any he is having with the first petitioner. The second respondent is directed to enquire into any complaint which may be filed by the petitioners alleging threat to their lives from the third respondent or anybody else and if the enquiry reveals that the complaint is genuine to take such appropriate action as is warranted so that no danger is caused to the lives of the petitioners from the third W. P. C. No.18071 of 2011 -4- respondent or for that matter anybody else. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-