IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 33838 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------ SUBAIDA, W/O.BASHEER, KOLOTHUKADAVUVALIYIL HOUSE, KURUMBILAVU P.O., CHAZHOOR PANCHAYAT, THRISSUR DISTRICT. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE, CHERPU, THRISSUR DISTRICT, PIN-680 561. 2. VASUDEVAN, MEPPARAMBIL HOUSE, KURUMBILAVU P.O., CHAZHOOR PANCHAYAT, THRISSUR DISTRICT-680 564. R1 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R2 BY ADV. SRI.K.A.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33838/2010 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.2097/2000 IN FAVOUR OF THE PETITIONER DTD. 11/10/2000. P2: COPY OF THE PETITION SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER DTD. 25/03/2004. P3: COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER DTD. 23/07/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 33838 OF 2010 D ----------------------------------------------------------- Dated this the 10th January, 2011. JUDGMENT Basant, J. The petitioner has come to this Court for issue of directions under Art.226 of the Constitution to afford police protection to the petitioner and her family. She evidently has a property dispute with the second respondent, a neighbour. The second respondent neighbour, it is alleged threatens the petitioner and her daughter. The petitioner apprehends that the daughter of the petitioner would be raped and indecently assaulted by the second respondent. The petitioner prays for issue of directions under Art.226 to afford protection to the life and person of the petitioner and her daughter. 2. The second respondent has been served. He has not chosen to enter appearance before this Court. Learned Govt. Pleader after taking instructions submits that the police do not want to interfere in the property dispute. 3. Learned counsel for the petitioner fairly submits that the petitioner does not require the assistance of the police to resolve WPC 33838/2010 2 the boundary dispute. The petitioner shall take necessary steps in accordance with law if necessary to get such property dispute resolved. But she prays that appropriate directions may be issued to ensure the physical and personal safety of the petitioner and her daughter. 4. The learned Govt. Pleader submits that in the perception of the first respondent there is no threat to the life or person of the petitioner and her daughter. If there be any such threat, the first respondent shall take necessary action. The petitioner or her daughter may bring to the notice of the first respondent specific instances of any such threat and if there are any complaints of genuine threat needless to say that the first respondent is bound to and shall take necessary action to abate such threat/culpable conduct. The learned Govt. Pleader in these circumstances submits that no further directions are necessary. 5. We record the submission of the learned Govt. Pleader. We are satisfied that no further or more specific directions need be issued. We accept the submission of the learned Govt. Pleader on behalf of the first respondent that specific action WPC 33838/2010 3 shall be taken if there be any threat to the life or person of the petitioner or her daughter. 6. Accepting the said submission of the learned Govt. Pleader this writ petition is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 33838/2010 4