IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 16322 of 2008 (R) -------------------------------------- PETITIONERS: -------------------- 1. VIJAYALEKSHMI AMMA, D/O.K.N.RAMAKRISHNA PILLAI, T.C.NO.15/1675(1) VAZHUTHACAUD THYCAUD P.O., THIRUVANANTHAPURAM BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ---------------------- 1. THE ASSISTANT COMMISSIONER OF POLICE CANTONMENT POLICE STATION THIRUVANANTHAPURAM 2. THE S.I. OF POLICE, THAMPANOOR POLICE STATION, THAMPANOOR, THIRUVANANTHAPURAM 3. K.JAYAROOP, S/O.A.KRISHNAN NAIR T.C.15/1675(1) VAZHUTHACAUD THIRUVANANTHAPURAM BY ADV. SRI.S.V.RAJAN FOR R3 SRI.S.ARUN RAJ FOR R3 SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 16322 of 2008 (R) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the plaint in O.S.No.39 of 2008. Ext.P2: True copy of the injunction order dated 26-2-2008. Ext.P3: True copy of the representation. RESPONDENTS' EXHIBITS: Ext.R3(a): True copy of the written statement and counter claim dated 26/3/2008 filed by the Defendant in O.S.391/2008 on the file of the 2nd Additional Munsiff's Court, Thiruvananthapuram. Ext.R3(b): True copy of the notice dated 27/5/2008 sent by the 3rd respondent's counsel to the 1st respondent and others. Ext.R3(c): True copy of the reply notice dated 3/6/2008 sent by the 1st respondent to the 3rd respondent's counsel. // True copy // P.S. to Judge an H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C) No. 16322 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of August, 2008 Judgment A.K. Basheer, J: Petitioner apprehends that she is likely to be driven out of her residence by respondent No.3, who is none other than her younger son. It is brought to our notice that the civil court has already passed an order of interim injunction restraining respondent No.3 from causing nuisance to the peaceful residence of the petitioner in the plaint schedule building and also obstructing her visitors from visiting her. But still the petitioner has chosen to approach the Police and preferred Ext.P3 complaint, which, for reasons more than one, may not be necessary to be dealt with or referred to at this stage. We do not also propose to make any comment on the prayer made by the petitioner in the said complaint. 2. Anyhow, learned counsel for respondent No.3 submits that he will not even think of driving his mother out of the residence. In fact he will protect her life under all circumstances. The above submission is recorded. 3. In view of the above submission, there is no room for any apprehension in the mind of the petitioner. Writ Petition is closed. H.L. DATTU Chief Justice A.K. BASHEER Judge an.