IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 16790 of 2011(W) ---------------------------------------- PETITIONER(S): ----------------------- KALA S., W/O. ANIL KUMAR, SIVASAKTHI VILLA, PLACHERY P.O., KALAYANADU, VALACODE VILLAGE, PUNALUR. BY ADV. SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P. RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA-691 506. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR-691 305. 3. CIRCLE INSPECTOR OF POLICE, PUNALUR-691 305. 4. P. SHAJI @ MANI, S/O. PEETHAMBARAN, NEDUMPARAMBIL VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 5. P. BIJU, S/O. PEETHAMBARAN, NEDUMPARAMBIL VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 6. GANGADHARAN, VALUTHUNDIL VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 7. REGHUNADHAN, S/O. GOPALAN, BHAKTHIVILASAM VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. WP(C).No. 16790 of 2011(W) 8. SIVADASAN, LALITHAVILASAM, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 9. SANTHOSH KUMAR, S/O.SASI, SANTHOSH BHAVAN, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 10. OMANAKKUTTAN, S/O. JANARDHANAN, BHAKTHIVILASAM MELETHIL, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 11. SUDHEESH, S/O. GANGADHARAN, VALUTHUNDIL VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 12. SANTHOSH, LALITHAVILASAM, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 13. KAMALAMMA, D/O. KESAVAN, NEDUMPARAMBIL VEEDU, PLACHERY P.O., VALACODE VILLAGE, PUNALUR-691 305. 14. THE SUB INSPECTOR OF POLICE, PUNALUR-691 305. R1 TO R3 & R14 BY GOVT. PLEADER SMT.C.M. CHARISMA. R4 TO R13 BY ADV. SRI.V.JAYAPRADEEP. SRI.SANEESH KUNJUKUNJU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16790 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEED NO.826/2006 DATED 03/03/2006 OF THE SAME SUB REGISTRY OFFICE. EXT.P2: COPY OF THE PETITION DATED 04/03/2011 SUBMITTED BEFORE THE SI OF POLICE, PUNALUR (RESPONDENT NO.14 HEREIN). EXT.P3: COPY OF THE PETITION DATED 26/04/2011 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, PUNALUR (RESPONDENT NO.13). EXT.P4: COPY OF THE PETITION SUBMITTED BEFORE THE RESPONDENT NO.14 BY ANIL KUMAR, THE HUSBAND OF THE PETITIONER. EXT.P5: COPY OF THE PETITION DATED 11/05/2011 SUBMITTED BEFORE THE RESPONDENT NO.1. EXT.P6: COPY OF THE PETITION SUBMITTED BEFORE THE DISTRICT COLLECTOR, KOLLAM ON 11/05/2011. EXT.P7: COPY OF THE PETITION DATED 12/05/2011 SUBMITTED BEFORE THE RESPONDENT NO.1. EXT.P8: COPY OF THE PETITION DATED 11/04/2011 SUBMITTED BEFORE THE RESPONDENT NO.2. EXT.P9: COPY OF THE PLAINT IN O.S. NO.179/2011 ON THE FILE OF MUNSIFF'S COURT, PUNALUR. EXT.P10: COPY OF THE I.A. NO.894/2011 FILED IN EXT.P9 SUIT. EXT.P11: COPY OF THE INJUNCTION ORDER DATED 25/05/2011 PASSED IN EXT.P10 PETITION. EXT.P12: COPY OF THE COMMISSION REPORT IN EXT.P9 SUIT. EXT.P13: COPY OF THE PETITION SUBMITTED ON 30/05/2011 BEFORE THE RESPONDENT NO.2. EXT.P14: COPY OF THE PETITION DATED 19/06/2011 BEFORE THE RESPONDENT NO.14. EXT.P15: COPY OF THE PETITION DATED 20/06/2011 SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE, KERALA. WP(C).No. 16790 of 2011(W) RESPONDENT'S EXHIBITS: EXT.R7(a): COPY OF THE JUDGMENT IN WP(C) NO. 5838/2010 DATED 03/03/2011. EXT.R7(b) SERIES: COPY OF THE PETITIONS TO VARIOUS AUTHORITIES. EXT.R7(c) SERIES: COPY OF THE ACKNOWLEDGMENTS. EXT.R7(d): COPY OF THE PETITION TO THE POLICE DATED 30/06/2011. EXT.R7(e): COPY OF THE ACKNOWLEDGMENT BY THE POLICE. EXT.R7(f): COPY OF THE WOUND CERTIFICATE OF R5. EXT.R7(g): COPY OF THE TREATMENT CERTIFICATE OF R5. EXT.R7(h): COPY OF THE NEWS PAPER CUTTINGS OF PROMINENT DAILIES ON VARIOUS DATES. EXT.R5(a): COPY OF THE PAMPHLETS ON EVEN DATES. //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.16790 of 2011 ------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition is filed by a Government employee, a lady, seeking a writ of mandamus directing the official respondents, the police officers, to afford sufficient protection to the petitioner, her family members and to her properties covered by Ext.P1 deed. Ext.P11 and other materials placed before this Court will show that, some civil disputes are subsisting between the petitioner and her family members and party respondents, over the property covered by Ext.P1. The petitioner has already approached the civil court and has obtained an order of injunction restraining trespass and commission of waste by the party respondents. On the basis of the submissions of Sri.Sajan Varghese, we feel that till this moment civil court has not been moved by the petitioner complaining of disobedience of the injunction order. 2. Smt.Charishma, learned Government Pleader submitted that the complaint that the police is not taking any 2 W.P.(C) No.16790 of 2011 action, is without basis. According to her, on the basis of complaints received from the petitioner, the police conducted necessary enquiries and has registered Crime Nos.951 of 2011 and 957 of 2011 at Punalur police station. In the first crime, respondents 2, 7 and 8 are accused and in the second crime, respondents 4, 5, 10 and 13 are the accused. These crimes are being investigated earnestly. Once the investigation is over, a final report will be submitted to the court. As and when the police gets information regarding any real threat to the life of the petitioner or to her family members, police will not hesitate to take action. After hearing elaborately the submissions of Sri.Sajan Varghese, and the counsel appearing for party respondents and Smt.Charishma, learned Government Pleader, we are of the view that the petitioner is not eligible for issuance of direction for protection either to her life or to the properties covered by Ext.P1. As regards the properties, as already stated, the issue is already pending before the civil court. If the petitioner is so desirous of obtaining assistance of the 3 W.P.(C) No.16790 of 2011 police in the matter of enjoyment of the property, the petitioner can seek proper directions through the civil court to the police regarding protection to the property. As for the protection for the lives sought for, we notice that the police has acted readily on the complaints submitted by the petitioner and two crimes have been registered. We do not find any reason to accept the stand of the petitioner that the police is lethargic. We dispose of this writ petition, directing the 14th respondent, Sub Inspector of Police, Punalur, to take immediate action if and when genuine complaints of threat to the life of the petitioner or members of her family are received. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/