IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33242 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ SMT.KARTHYAYANI, W/O.LATE SRI. ASOKAN, AERIYIL HOUSE, (WARD NO.II, HOUSE NO.143), (OLD NO.2/145), GURUVAYOOR-680 101. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTPUARAM-695 001. 2. THE SUPERINTENDENT OF POLICE, THRISSUR (DISTRICT) RURAL, THRISSUR-680 001. 3. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680 001. 4. THE CIRCLE INSPECTOR OF POLICE,GURUVAYOOR-680 101. 5. SMT.REMA, W/O.LATE SRI. PREMKUMAR,C/O.JOSE, NEYYAN HOUSE, NEMINI POST, THAIKKAD VIA, GURUVAYOOR-680 101. 6. SRI.PRANAV, S/O.LATE SRI.PREMKUMAR,C/O.JOSE, NEYYAN HOUSE, NEMINI POST, THAIKKAD VIA, GURUVAYOOR-680 101. 7. PRIYA, D/O.LATE SRI. PREMKUMAR,C/O.JOSE, NEYYAN HOUSE, NEMINI POST, THAIKKAD VIA, GURUVAYOOR-680 101. 8. SRI.PRAHLESH, RESIDING AT S/O.CHANDRAN, THAIVALAPPIL HOUSE, NEMINI POST, GURUVAYOOR-680 101. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33242/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 29/4/2009 ISSUED BY CHOWANNUR GRAMA PANCHAYATH. EXHIBIT-P2. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/11/2011 ISSUED BY THE GURUVAYOOR MUNICIPALITY. EXHIBIT-P3. TRUE COPY OF THE INTERIM ORDER DATED 17/5/2007 IN OS NO.512/2007 OF THE SUB COURT, TRICHUR. EXHIBIT-P4. TRUE COPY OF THE WILL DATED 2/4/2011 OF THE PETITIONER'S HUSBAND SRI.ASOKAN. EXHIBIT-P5. TRUE COPY OF THE COMPLAINT DATED 23/11/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33242 OF 2011 ------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who claims to be the 2nd wife of one Asokan, who is no more, has filed this writ petition seeking protection for her life and limbs as well as for residing in the residential building having Door No. 143 in Ward No. II of Guruvayoor Municipality against the alleged threats and contumacious acts from the part of respondents 5 to 8 who are said to be the children of Sri.Asokan in his first wife. 2. According to Sri.M.K.Chandramohan Das, learned counsel for the petitioner, the petitioner apprehends that on the strength of a gift deed, which was executed by late Asokan during his life time in favour of the 5th respondent, the 5th respondent with the support of respondents 6, 7 and 8 will chuck her out of the building. 3. Sri.C.R.Shyamkumar learned senior Government W.P.(C) No. 33242 /2011 2 Pleader, who took notice on behalf of respondents 1 to 4, submitted that on going through the averments in the writ petition, it would appear that the petitioner has already been ejected from the building. Mr.Chandramohan Das learned counsel for the petitioner would oppose the above submission of the learned Government Pleader. Mr.Das submitted that the petitioner continues to reside in the building though she is under the constant fear of forceful eviction by respondents 5 to 8. 4. Having considered the averments in the writ petition and the rival submissions addressed at the Bar, we are of the view that it is not necessary that we examine the truth or otherwise of the allegations contained in this writ petition. The petitioner has submitted Ext.P5 representation before respondents 1 to 4. The 2nd respondent is directed to take up Ext.P5 immediately and to conduct an enquiry either by himself or by any subordinate officials in whom he is having confidence. As part of the enquiry, it is open to the officer conducting the enquiry to summon or meet the party respondents. If the enquiry reveals that there is threat to the life and limbs of the petitioner from the part of the party respondents, the officer conducting the enquiry W.P.(C) No. 33242 /2011 3 shall take such steps as are necessary for protecting the life and limbs of the petitioner. If the enquiry reveals that the petitioner continues to reside in the building having Door No.143 of Ward No. II of the Guruvayoor Municipality, the officer will issue appropriate instructions to the party respondents, so that they do not distrub the status quo as obtaining on the date of the enquiry regarding the petitioner's residence in the house till the civil court issues specific orders regarding the petitioner's continued residence in the house. However, if the enquiry reveals that the petitioner has already been ejected from the house, the petitioner will be directed to approach the competent civil court for appropriate relief. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33242 /2011 4