IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 37440 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- SUBHADRA ANTHARJANAM, AGED 70, W/O.LATE SUBRAMANIAM POTTI,CHEENIVILA PUTHEN MADAM, THEVANCODE, MAILAKKARA.P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KATTAKADA POLICE STATION,KATTAKADA.P.O., THIRUVANANTHAPURAM.PIN- 695 549 2. THE SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION,KATTAKADA.P.O., THIRUVANANTHAPURAM.PIN- 695 549 3. S.S.SUBRAMANIAM POTTI, ROHINI MADAM, THEVANCODE, VEERANAKAVU VILLAGE, NEDUMANGAD. MAILAKKARA.P.O., PIN- 695 572 4. RADHAMANI, W/O.S.S.SUBRAMANIAM POTTI, ROHINI MADAM, THEVANCODE, VEERANAKAVU VILLAGE, NEDUMANGAD. MAILAKKARA.P.O., PIN- 695 572 5. VENKATESHWARAN POTTI, PERUMANA MADAM, SREE KRISHNAPURAM, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM.695 571 R1 & R2 BY GOVERNMENT PLEADER SRI. MOHANAN.V.T.K R4 & R5 BY ADV. SRI.M.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 37440/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SETTLEMENT DEED NO.1967/1986 DATED 06/09/1986. P2 COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.37440 OF 2010 ------------------------------------------- Dated this the 3rd day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. 1.Read order dated 20.12.2010. In terms of that order, the private respondents are present. Learned counsel for the petitioner submits that his client is sick and unable to travel from Trivandrum to Ernakulam and hence not appeared today. 2.Heard learned counsel on both sides. 3.The petitioner is the mother of the third respondent. The 4th respondent is the third respondent's wife and the 5th respondent is his brother-in-law. Under Ext.P1, the petitioner has right of residence in an item of property and building. She apprehends that she will be thrown out of possession from that building. The private respondents submit through their counsel that they undertake that they will not throw the petitioner out of possession or involve in any unlawful activity WPC.37440/10 2 affecting her residence in terms of Ext.P1 document. This submission is recorded as an undertaking. If there is any violation of the right to life of the petitioner or threat to her peaceful life, any complaint in that regard by the petitioner will be looked into by respondents 1 and 2 and the petitioner will be afforded sufficient protection for her life. If there is any other controversy regarding title to the property, it is for the parties to seek remedy from the civil court. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.5/1.