IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33998 of 2011(Y) -------------------------- PETITIONER(S): --------------- MARY ANGEL, AGED 32 YEARS, W/O.TERRANCE, ATTIPETTY HOUSE, MANASSERY, MUNDAMVELI P.O., KOCHI-682 507. BY ADV. SRI.JIMMY GEORGE (VATTATHARA) SRI.T.JEEJAN RESPONDENT(S): --------------- 1. PETER, S/O.ANTHONY, POLLAYIL HOUSE, MANASSERY, MUNDAMVELI P.O., KOCHI-682 507. 2. ALBERT, S/O.RAPHAEL, POLLAYIL HOUSE, MANASSERY, MUNDAMVELI P.O., KOCHI-682 507. 3. JISHY, S/O.BASTIAN, POLLAYIL HOUSE, MANASSERY, MUNDAMVELI P.O., KOCHI-682 507. 4. SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, THOPPUMPADY, KOCHI-682 005. 5. CIRCLE INSPECTOR OF POLICE, PALLURUTHY CUSBA POLICE STATION, PALLURUTHY, KOCHI-682 004. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33998/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTERED SALE DEED BEARING NO. 3096/2011. EXT.P2: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 4TH AND 5TH RESPONDENTS HEREIN. /TRUE COPY/ . P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33998 OF 2011 ------------------------ Dated this the 20th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a lady who owns 3.850 cents of land in Sy. No. 1433/2 of Palluruthy Village, has filed this writ petition seeking police protection directions against respondents 1 to 3 for her life and limbs and also for the building construction works which she has taken up in her property. The petitioner alleges that the respondents 1 to 3 have no right whatsoever over the property in question. They were having an eye on the property. They are now very angry in that the property was sold to the petitioner by its previous owner. Every now and then they are coming over to the petitioner's father's house where she is presently put up and threatening her with danger to her life and limbs. They have also threatened that they will not allow the petitioner to put up residential house on the property which they have purchased. 2. On this writ petition coming up for admission, W.P.(C) No. 33998 /2011 2 Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 4 and 5. 3. Having considered the averments in the writ petition and the various materials placed on record and the submissions addressed at the Bar by Sri.Jimmy George learned counsel for the petitioner and Sri.Dhanesh Mathew Manjooran learned Government pleader, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegations o the petitioner. It is seen that Ext.P2 petition has been submitted by the petitioner before the 4th respondent. We direct the 4th respondent to take up Ext.P4 immediately and to conduct an enquiry. As part of the enquiry,the 4th respondent will summon or meet respondents 1 to 3. 4. If the enquiry reveals that the party respondents are claiming any civil right over the property in question, the petitioner will be advised to have recourse to remedy from a competent forum of civil law. 5. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioner and her family members from the part of the party respondents, the 4th respondent shall take W.P.(C) No. 33998 /2011 3 such action as is necessary for protecting the lives and limbs of the petitioner and members of her family. 6. If the enquiry reveals that respondents 1 to 3 are not claiming any civil right over the property in question, the 4th respondent shall grant protection to the petitioner for constructing her residential house upon the property in question provided she has been issued with valid building permit by the local authority having jurisdiction over the area. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33998 /2011 4