IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30076 of 2011(H) -------------------------------------- PETITIONER(S): ---------------------- ELIYAMMA, KOCHUVETTIL HOUSE, ANGADIKKAL SOUTH, KODUMON, PATHANAMTHITTA. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PANDHALAM - 689501. 2. THE SUB INSPECTOR OF POLICE, KODUMON POLICE STATION, KODUMON-691555. 3. RAJAN, VAYANAKUNNUMURIYIL, ANGADIKKAL SOUTH, KODUMON, PATHANAMTHITTA-691555. 4. SUSEELAMMA, THENGUVILAPADINJATTATHIL, MUNDAPPALI P.O., PERINGANAD, PATHANAMTHITTA - 691558. R1 & R2 BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.30076/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF THE RECEIPT BOOK ALONG WITH THE STAY PASS DATED 18/8/2011 ISSUED BY THE GENERAL HOSPITAL, ADOOR. EXT.P2 : COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE GENERAL HOSPITAL, ADOOR. EXT.P3 : COPY OF THE DISCHARGE SUMMARY ISSUED FROM MARIA HOSPITAL, ADOOR. EXT.P4 : COPY OF THE VERIFIED PETITION DATED 06.09.2011 FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT. EXT.P5 : COPY OF THE ACKNOWLEDGEMENT DATED 20.9.2011. EXT.P6 : COPY OF THE COMPLAINT DATED 21.10.2011 BEFORE THE CIRCLE INSPECTOR OF POLICE, PANDHALAM. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30076 OF 2011 ------------------------ Dated this the 11th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The grievance voiced by the petitioner, a lady and senior citizen, is that the first respondent has not taken any action on the complaint which was filed against Ext.P5 and that even Ext.P6, which was submitted on 21/10/2011, has not been enquired into. It is alleged by the petitioner that the civil dispute between her and the respondents 3 and 4, who are neighbours, is pending consideration by the Munsiff Court, Adoor and on account of the pendency of the civil dispute the relationship between the petitioner and respondents 3 and 4 have been strained for quite some time. Respondents 3 and 4 have been perpetrating many illegal acts against the petitioner. They have been threatening the petitioner with danger to the life and limbs. Once the petitioner was assaulted by them and the petitioner suffered fracture on the shoulder, anticipating registration of WPC.No.30076/2011 2 crime by the police, the 3rd respondent moved an application for anticipatory bail before this court. On the strength of the order passed by this court not to arrest the 3rd respondent pending consideration of the anticipatory bail application, respondents 3 and 4 are going about with more vigorous threats against the petitioner. 3. As directed by us, Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. We are not inclined to examine the correctness of the various allegations levelled by the petitioner in this writ petition against respondents 3 and 4. We are of the view that limited relief can be given to the petitioner even without issuing notice to respondents 3 and 4. The writ petition, accordingly, is disposed of in the following terms; The first respondent is directed to take up Ext.P6 immediately and to conduct an enquiry into the same. As part of the enquiry, it is open to the first respondent to summon respondents 3 and 4 if necessary. If the enquiry reveals that there is subsisting threat to the life and limbs of the petitioner WPC.No.30076/2011 3 from the part of respondents 3 and 4, the first respondent will take such steps as is necessary for protecting the life and limbs of the petitioner. At any rate, there will be a direction to the 2nd respondent to keep vigil over the petitioner, respondents 3 and 4 and the places of their residence and to ensure that the dispute between them does not give rise to any violence or other law and order situations. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk