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 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20738 of 2010(N) -------------------------------- PETITIONER(S): --------------- TRESA COLLINSON, AGED 53 YEARS, W/O.LATE COLLINSON, EDEZHATH HOUSE,AROOR. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA-688001 2. CIRCLE INSPECTOR OF POLICE, KUTHIATHODE-688533 3. SUB INSPECTOR OF POLICE, AROOR-688534 4. JOSE SAMSON (BABY) THATTILVEETTIL ERAPPAMKUZHI, POTTAKKUZHI CROSS ROAD, PACHALAM, VADUTHALA-682012 5. JOHNSY, W/O.MR.JOSE SAMSON (BABY) THATTILVEETTIL, ERAPPAMKUZHI, POTTAKKUZHI CROSS ROAD, PACHALAM, VADUTHALA-682012 6. LAIJU, THARAVYIL VEEDU, KOZHUVELIKKAVALA ERAMALLOOR P.O., ALAPPUZHA-688547 * 7. JOSSY AUGUSTIAN, HEAD CONSTABLE, POOCHAKKAL POLICE STATION-688526 WP(C).No. 20738 of 2010(N) -2- *[R7'S NAME IS CORRECTED AS 'JOSEPH T.A.' AS PER ORDER DT.08/07/10 IN I.A.9195/10] ADV. SRI.B.PRAMOD FOR R5 GOVT. PLEADER SMT.C.M.CHARISMA SRI.GEORGE MATHEWS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20738 of 2010(N) -3- APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE TAX RECEIPT DT.20/03/09 ISSUED BY THE VILLAGE OFFICER, AROOR. EXT.P2:- TRUE COPY OF THE REPRESENTATION DT.31/05/10 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3:- TRUE COPY OF THE REPRESENTATION DT.31/05/10 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P4:-ORIGINAL PHOTOGRAPH TAKEN WHILE RESPONDENTS 4 AND 5 LEFT PETITIONER'S RESIDENCE on 15/09/09. EXT.P4(a):-ORIGINAL PHOTOGRAPH TAKEN WHILE RESPONDENTS 4 AND 5 LEFT PETITIONR'S RESIDENCE ON 15/09/09. EXT.P5:-TRUE COPY OF THE ACKNOWLEDGMENT CARD DT.09/06/10 EVIDENCING RECEIPT OF EXTS.P1. EXT.P6:-TRUE COPY OF THE ACKNOWLEDGMENT CARD DT.09/06/10 EVIDENCING RECEIPT OF EXT.P2 EXT.P7:- TRUE COPY OF RECEIPT DT.15/06/10 IN RESPECT OF REPRESENTATION SUBMITTED BEFORE THE C.M. EXT.P8:- TRUE COPY OF RECEIPT IN RESPECT OF REPRESENTATION SUBMITTED BEFORE THE MINISTER FOR HOME. EXT.P9:- TRUE COPY OF RECEIPT DATED 01/06/10 IN RESPECT OF REPRESENTATION SUBMITTED BEFORE THE INSPECTOR GENERAL OF POLICE. EXT.P10:- TRUE COPY OF RECEIPT DT.09/06/10 IN RESPECT OF REPRESENTATION SUBMITTED BEFORE THE DY. SUPERINTENDENT OF POLICE, ALAPPUZHA. EXT.P11:- TRUE COPY OF THE REPRESENTATION DT.01/07/10 SUBMITTED BEFORE THE I.G. OF POLICE. EXT.P12:- TRUE COPY OF THE DRIVING LICENCE PARTICULARS OF THE 4TH RESPONDENT. RESPONDENTS' EXTS EXT.R5(a):- TRUE COPY OF THE CERTIFICATE OF DISABILITY DT.14/01/01 OF THE 4TH RESPONDENT BY THE DISTRICT MEDICAL BOARD, ALAPPUZHA. WP(C).No. 20738 of 2010(N) -4- EXT.R5(b):-TRUE COPY OF THE M.C. NO.80/10 BEFORE THE JFCM COURT-II, CHERTHALA EXT.R5(c):-TRUE COPY OF THE ORDER DATED 01/07/10 IN CRL.M.P. NO.5341/10 BEFORE THE JFCM COURT-II CHERTHALA //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20738 of 2010 ------------------------------------------------ Dated this the 26th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by a 53 year old widow seeking protection for her life from respondents 4 to 7 who are respectively son, daughter-in-law, son-in-law and a cousin of the petitioner. Noticing that the parties are close relatives, this Court referred this case for mediation. The mediator appointed by the Kerala Mediation Centre Smt.Prabha R. Menon submitted a failure report and that is why the case is before us again. 2. The only issue which arises for decision is whether the direction for police protection sought for in this Writ Petition should be allowed. According to Smt.Charisma, the learned Government Pleader, at the moment there is no law and order situation and much less any threat to the life of the petitioner from the party respondents. It was pointed out W. P. C. No.20738 of 2010 -2- by the learned counsel for the party respondents that R5(b) interim order has been issued by the Magistrate in favour of R5 and the daughter of R5 against the petitioner. It is the petitioner who is causing threat to the life of R5 and R5's daughter. Having considered the rival submissions addressed at the Bar, we are of the view that this Writ Petition can be disposed of issuing the following direction. 3. The third respondent/Station House Officer of the locality will keep vigil over the place of residence of the petitioner and ensure that no law and order situation arises on account of the dispute between the petitioner and the party respondents. It will also be ensured, if R5(b) is in currency, that R5(b) is implemented in favour of R5 and R5's daughter. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.20738 of 2010 -3-