IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32310 of 2011(K) -------------------------------- PETITIONER(S): ------------------ SANDHYA KUMARI, AGED 40 YEARS D/O.BALAKRISHNA KAIMAL, VELLAPPILLIL BHAVANAM KUDAKKACHIRA, VALLICHIRA VILLAGE, MEENACHIL THALUK, KOTTAYAM DISTRICT . BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE KOTTAYAM. 2. SUB INSPECTOR OF POLICE PALA. 3. O.J.JOHN, OTTAMACKAL, S/O.JOSEPH, OTTAMACKAL HOUSE MANAKKADU KARA, MANAKKADU VILLAGE THODUPUZHA TALUK. 4. MATHEW THOMAS, PADINJARE KANJIRATHINKAL (PULIKYL),KUDAKKACHIRA PO, MARAKKATUPALLY VIA PIN 686 635. 5. JOMON MATHEW, PADINJARE KANJIRATHINKAL ( PULIKYL), KUDAKKACHIRA PO, MARAKKATTUPALLY VIA PIN 686 635. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32310 of 2011(K) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF JUDGMENT IN O.S.262/07 DT.29/01/10 OF HON. MUNSIFF'S COURT, PALA. EXT.P2:- TRUE COPY OF LEGAL NOTICE DT.17/10/11 EXT.P3:- TRUE COPY OF ACKNOWLEDGMENT CARD OF 3RD RESPONDENT. EXT.P4:- TRUE COPY OF ACKNOWLEDGMENT CARD OF 4TH RESPONDENT. EXT.P5:- TRUE COPY OF PETITION DTED 03/11/11 SUBMITTED BEFORE 2ND RESPONDENT. EXT.P6:- TRUE OCPY OF PETITION DT.30/11/11 SUBMITTED BEFORE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C No.32310 of 2011 ------------------------------------------------ Dated this the 3rd day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioner in this Writ Petition under Article 226 seeks police protection mainly for her properties and to a certain extent for her person against respondent Nos.3 to 5. Sri.Dhanesh Mathew Manjooran, the learned Government Pleader took notice on behalf of respondents 1 and 2. We have heard him also. We have gone through the averments in the Writ Petition and we have considered various materials placed on record. We have heard Sri.N.K.Mohanlal, the learned counsel for the petitioner in detail. Having regard to the submissions addressed at the Bar and having gone through the pleadings and the various materials produced, we are convinced that there is subsisting civil dispute in respect of the property in question between the petitioner and the party respondents. The Munsiff's Court, W. P. C No.32310 of 2011 -2- Pala decided the issue in detail in favour of the party respondents. The petitioner carried the matter in appeal. The appeal was allowed by the Sub Court and the issue is now relegated to the Munsiff's Court. The request of Sri.Mohanlal is that the records are presently in transit from the Sub Court, Pala to the Munsiff's Court, Pala and we should issue directions directing the party respondents to maintain status quo. It is always open to the petitioner to seek such directions from the competent civil court. 2. Coming to the complaint of the petitioner that there is threat to her life and life of her only daughter who is residing along with her and the further complaint that the local Sub Inspector the 2nd respondent is acting hands in glove with the party respondents we notice that the petitioner has submitted Ext.P6 complaint before the District Police Chief, we direct the 1st respondent to take up Ext.P6 and to conduct an enquiry. The enquiry can be conducted by the 1st respondent either by himself or by any Circle Inspector of Police under him. The officer conducting the W. P. C No.32310 of 2011 -3- enquiry can summon or meet the party respondents. If the enquiry reveals that there is subsisting threat to the lives of the petitioner and her daughter from the party respondents, the officer shall take such step for ensuring that the lives and limbs of the petitioner and her daughter are safe. Respondent Nos.1 and 2 and the officer conducting enquiry is however cautioned that the civil dispute between the parties should be allowed to be decided by the competent civil court only. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE