IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15569 of 2010(U) -------------------------------------- PETITIONER(S): ---------------------- CHANDRIKA, D/O. SARASU, AGED 50 YEARS, RESIDING AT VADAKKUMKARA PUTHEN VEEDU, CHEPPOD, VALIYARA MURI, VELLANADU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, ARYANAD, THIRUVANANTHAPURAM. 4. RETNAKARAN, S/O. JAMES, AGED 45 YEARS, RESIDING AT RATHEESH BHAVAN, THAVARA THADATHARIKATHU VEEDU, URIYAKODE PO, VELLANAD VILLAGE, THIRUVANANTHAPURAM. 5. BINU, S/O. THANKAPPAN NADAR, AGED 33 YEARS, RESIDING THAVARA THEKKUMKARA VEEDU, KUTHIRAKULAM P.O., VELLANADU VILLAGE, THIRUVANANTHAPURAM. 6. SAJI, S/O. SOMAN, AGED 33 YEARS, RESIDING AT THAVARA THEKKUMKARA VEEDU, KUTHIRAKULAM P.O., VELLANADU VILLAGE, THIRUVANANTHAPURAM R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15569 of 2010-U ---------------------------------------------- Dated, this the 21st day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a writ of mandamus or any appropriate writ, order or directions directing respondents 2 and 3 to afford effective and adequate protection to the life and property of the petitioner against respondents 4 to 6 and their henchmen. The further prayer is to take action on the representations submitted by the petitioner in accordance with law. 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is in possession of 2.02 ares of property. Ext.P1 is the tax receipt. She has erected a homestead in the said property which has well defined boundary stone and compound wall on three sides. The 4th respondent is the owner of the property on the eastern side and respondents 5 and 6 are his relatives. Respondents 4 to 6 are persons involved in a number of criminal cases. It is stated that these respondents often forcibly enter into the property of the petitioner during odd hours through the eastern side and enter the terrace of the petitioner's building and create trouble. Petitioner applied to the Local Authority for permission to construct compound wall. Ext.P2 is the receipt issued by the WPC NO.15569/2010 -2- panchayat. It is stated that the petitioner arranged for necessary men and material for the construction of the compound wall, but respondents 4 to 6 with deadly weapons rushed to the site and started manhandling the workers and the petitioner. Exts.P3(a) and P3(b) are produced as the medical records of the petitioner and her son. Petitioner filed Ext.P4(a) complaint before the 3rd respondent for which Ext.P4 (b) is the receipt is given. 3. We heard the learned counsel for the petitioner and learned Government Pleader. In view of the nature of the case, it is more appropriate that the petitioner approaches the competent Civil Court. But, we make it clear that in regard to complaint of commission of any cognizable offence, action shall be taken in accordance with law by the concerned official respondents. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS