IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30986 of 2011(W) ---------------------------------------- PETITIONER(S): ------------------------ PONNAMMA JOHN, W/O.LATE JOHN, JOHN VILLA, PUTHOOR WARD, PUTHOOR VILLAGE, KOTTARAKKARA TALUK, BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------------------- 1. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT.PIN-691 506. 2. SUB INSPECTOR OF POLICE, PUTHOOR, KOLLAM DISTRICT.PIN-691 507. 3. THOMAS, S/O.MATHAIKUTTY, VILAYIL PADINJATTETHATHIL, TONY BHAVAN, PUTHOOR.P.O., PUTHOOR VILLAGE, KOTTARAKKARA.PIN-691 507. 4. MATHAIKUTTY, VILAYIL PADINJATTETHATHIL, TONY BHAVAN, VALLANKARA, PUTHOOR.P.O., PUTHOOR VILLAGE, KOTTARAKKARA.PIN-691 507. 5. ANILA, W/O.THOMAS, VILAYIL, PADINJATTETHATHIL, TONY BHAVAN, PUTHOOR.P.O., PUTHOOR VILLAGE, KOTTARAKKARA.PIN-691 507. R1 & R2 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).NO.30986/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN W.A.NO.1486/11 OF THIS HON'BLE COURT. P2 COPY OF THE REPRESENTATION SUBMITTED TO THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30986 OF 2011 ------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a widow , has approached this court seeking police protection for her life and limbs from respondents 3 to 5 her neighbours. According to her, as she noticed that respondents 3 to 5 are constructing a building upon their property in gross violation of the Building Rules, she filed a complaint to the Panchayat. When it was noticed that the Panchayat was not taking any prompt action, she approached this court and filed a writ petition. The above writ petition was disposed of by this court directing the Panchayat to initiate appropriate action. The Panchayat accordingly took action against the party respondents. This antagonised the party respondents very much. They are now threatening the petitioner with danger to her life and limbs. The petitioner is under the constant fear on account of threats and the party respondents are every now and then showering abuses on her WPC.No.30986/2011 2 and dumping waste materials into her property. She has submitted Ext.P2 before the Superintendent of Police under copies to respondents 1 and 2. But respondents 1 and 2 have not so far taken any action. 2. 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. 3. Having gone through the averments in the writ petition and the submissions of Sr.Latheesh Sebastian 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 should examine the truth or otherwise of the allegations of the petitioner. We are of the view that limited relief can be given to the petitioner even without issuing notice to the party respondents. The writ petition is disposed of with the following directions. The first respondent is directed to take up Ext.P2 immediately. The first respondent will conduct an immediate enquiry into Ext.P2. As part of the enquiry, the first respondent will either summon or meet the party respondents. If the enquiry WPC.No.30986/2011 3 reveals that there is truth in the averments contained in Ext.P2, the first respondent will take such action as is necessary for protecting the life and limbs of the petitioner. Action necessary for preventing the commission of offence against the petitioner by the party respondents will also be taken. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk