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 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23321 of 2011(M) -------------------------------- PETITIONER(S): ------------------ 1. THRESIAMMA ANTONY, W/O.ANTONY, AGED 78, 1/258, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU. 2. VIJAYAKUMAR, S/O.ANTONY, AGED 31 YEARS, 1/258, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU. BY ADV. SRI.G.KRISHNAKUMAR SRI.TITTO THOMAS RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE, O/O.THE SUPERINTENDENT OF POLICE, ALAPPUZHA-688 001. 2. C.I.OF POLICE, KUTHIATHODE POLICE STATION, KUTHIATHODE-688 533. 3. SHAJI ANTONY @ YESUDAS, S/O.ANTONY, AGED 43, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU-688 584. 4. SETHU SHAJI, W/O.SHAJI ANTONY, AGED 40, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU-688 584. 5. ROY, S/O.ANTONY, AGED 47, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU-688 584. WP(C).No. 23321 of 2011(M) -2- 6. DARLIN, S/O.ANTONY, AGED 58, VAALAYIL HOUSE, PALLITHODU P.O., PALLITHODU-688 584. ADV. SRI.K.K.RAJEEV FOR R3-5 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23321 of 2011(M) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE ORDER DATED 04/11/09 IN I.A. NO.4181/09. EXT.P2:- TRUE COPY OF THE COMPLAINT DATED 22/06/11 PREFERRED TO THE 2ND RESPONDENT. EXT.P3:- TRUE COPY OF THE COMPLAINT DATED 21/08/11 PREFERRED TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23321 of 2011 ------------------------------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C. Kuriakose, J Sri.Rajeev K.K. enters appearance on behalf of respondent Nos.3 to 5 as a Legal Aid Counsel authorised by the High Court Legal Services Committee for defending respondents 3 to 5. Sri.G.Krishna Kumar, the learned counsel for the petitioner submitted that in spite of the interim order issued by this Court on 26/08/11 on 03/09/11 the party respondents attempted to assault the petitioners. The 1st petitioner who is bedridden was able to file a complaint today only. Sri.Rajeev submitted that the 1st petitioner is the mother of the party respondents and the 2nd petitioner is their brother. Civil disputes are pending between the parties in respect of the properties which stand in the name of the 1st petitioner's husband Sri.Antony. The property originally belonged to late Antony, father of the party respondents W. P. C. No.23321 of 2011 -2- who had executed a will bequeathing his properties. Even the above will is under challenge in a civil proceedings initiated by the 6th respondent. All the allegations in the Writ Petition are untrue. It is just to create evidence for the purpose of the ongoing civil litigation that the Writ Petitioners have moved this Court seeking police protection. The party respondents have no intention whatsoever to go over to the building where the petitioners are residing and much less to assault them. We record all the submissions of the counsel for the party respondents. We dispose of the Writ Petition directing the 2nd respondent to keep vigil over the property where the petitioners are residing. If any complaint is received from the petitioners alleging threats or contumacious acts from the part of the party respondents such complaints will be duly enquired into and if the enquiry reveals that the allegations therein are correct and that there is subsisting threat to the lives of the petitioners, the needful will be done by the 2nd respondent to ensure that the lives of the petitioners are safe. This judgment should not be W. P. C. No.23321 of 2011 -3- interpreted as acceptance by this Court of the allegations leveled in this Writ Petition by the petitioners against the party respondents. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-