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 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 26897 of 2011(J) ------------------------------------- PETITIONER(S): ----------------------- LEELA BAI, W/O. GOPALAN, LEELA BHAVAN, MANACAUD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------- 1. CHANDRAMATHI, D/O.JANAKI, LEELA BHAVAN, MANACUAD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM 695 001. 2. SASIKUMAR, S/O. GOPALAN, GIREESH BHAVAN, THIRUVALLAM THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM 695 001. 3. JAI SANAL, SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM 695 001. 4. RADHAKRISHNAN, ASST. COMMISSIONER OF POLICE, FORT DIVISION, THIRUVANANTHAPURAM. 695 001. 5. INSPECTOR GENERAL OF POLICE, SOUTH ZONE, NANDANCODE , THIRUVANANTHAPURAM 695 001. 6. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI.R.S.KALKURA R5 & R6 BY GOVT. PLEADER SRI.DANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.26897/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SETTLEMENT DEED EXECUTED BY PETITIONER'S HUSBAND SRI.GOPALAN IN FAVOUR OF 2ND RESPONDENT. P2:- COPY OF THE JUDGMENT IN MAT APPEAL 32/08 DTD. 30.11.09 OF THIS HONOURABLE COURT. P3:- COPY OF THE STATEMENT FILED BY THE APPELLANT AND RESPONDENTS IN MAT APPEAL 32/08 DTD. 31.10.09 OF THIS HONOURABLE COURT. P4:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 11.8.2011. P5:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DTD. 19.8.2011. P6:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DTD. 19.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.26897 of 2011 ------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioner, an octogenarian lady, complains that at the behest of the 1st respondent she has been evicted from her residential building covered by Ext.P1 gift deed in favour of her son under which a life interest/right of residence has been reserved in her favour. A reading of Ext.P1 shows that the son of the petitioner, the 2nd respondent, can take possession only after the demise of the petitioner. The complaint which is raised by the petitioner is that at the instance of respondents 1 and 2 respondents 3 and 4 forcibly evicted her from the above building. Ext.P3, which is a compromise statement filed in this case, gives support to the case of the petitioner that party respondents have not been residing in the building covered by Ext.P1 gift deed. It appears to us the complaint of the petitioner that she was forcibly evicted out of the building situated on Ext.P1 gift deed requires to be enquired into by a senior police W.P.(C).26897/11 -2- officer. Hence we dispose of the writ petition directing the 5th respondent to conduct an enquiry into the allegations contained in this writ petition. Ext.P5 is already submitted by the petitioner before the 5th respondent. We direct the 5th respondent to conduct a detailed enquiry into Ext.P5 and to send a copy of the enquiry report to the petitioner. The enquiry will be completed within two months on receiving a copy of this judgment and copy of the report will be sent to the petitioner as soon as the report is ready. It is open to the petitioner to approach the appropriate court for appropriate reliefs on the basis of findings in the enquiry report. The writ petition is closed. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb