IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18963 of 2011(U) --------------------------------------- PETITIONER: ------------------- G.SUKUMARAN NAIR, S/O.LATE GOVINDA PILLAI, AGED 75 YEARS, KIZHAKKETHOTTASSERY, KOMANA, AMBALAPUZHA P.O, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SMT.K.V.RAMYA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT,CIVIL STATION, PATHANAMTHITTA, PIN- 689 645. 3. THE CIRCLE INSPECTOR OF POLICE KONNI, PATHANAMTHITTA DISTRICT, PIN- 689 691. 4. C.LALITHAMMA, D/O. LATE CHELLAMMA, THOTTATHIL HOUSE, MALLANKUZHA, WARD NO.13, KALANJOOR.P.O., PATHANAMTHITTA DISTRICT, PIN-689 694. 5. BRITTO SANKAR @ SINDHU, D/O.SANKARANARAYANAN, THOTTATHIL HOUSE, MALLANKUZHA ,WARD NO.13, KALANJOOR P.O, PATHANAMTHITTA DISTRICT, PIN- 689 694. W.P.(C). NO.18963/2011-U: 6. SANKARA NARAYANAN, H/O LALITHAMMA, THOTTATHIL HOUSE, MALLANKUZHA ,WARD NO.13, KALANJOOR P.O,PATHANAMTHITTA DISTRICT, PIN -689 694. R1 TO R3 BY GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18963/2011-U: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE PETITION DTD.21/03/2011 SUBMITTED BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.18963 of 2011 ------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioner, an ex-service man and a senior citizen aged 75 has approached this court seeking protection for his life and for his properties. According to him, he is a widower and is leading a lonely life as both his children are married and are residing elsewhere. He is being threatened by respondent Nos.3 to 5. Learned Government Pleader on instructions submitted that there are civil litigations pending in respect of the property between the petitioner and the party respondents. In fact, a suit for partition has been filed and preliminary decree for partition is also passed. Government Pleader does not have any specific instructions regarding the complaint of the petitioner that there is a threat on his life from respondents 3 to 5. W.P.(C).18963/11 -2- 2. Having regard to the averments in this writ petition and the submissions addressed at the bar we feel that the protection sought for in respect of property can be declined as parties are before civil court and we decline the said protection. However, as regards protection for life sought for we notice that the petitioner is a senior citizen, a widower leading a lonely life. We direct the 3rd respondent to take immediate action on any petition which may be filed by the petitioner in future complaining of imminent danger to his life or person from respondent Nos.3 to 5 or anybodyelse. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb