IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 W.P.(C).No.29090 of 2008(K) ------------------------------------------- PETITIONER:- -------------------- NALINI KUTTY AMMA, W/O. LATE MADAVAN PILLAI, PUTHUPARABU VEEDU, VAZHAPPALLY WEST, THURUTHY P.O., CHANGANACHERRY. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS:- ------------------------ 1. THE CIRCLE IMSPECTOR OF POLICE, CHANGANACHERRY 2. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY. 3. ANTONY JOSEPH, KARINGADA, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM DT. 4. APPACHANKUTTY, MARANGATTU, THURUTHY P.O. CHANGANACHERRY, KOTTAYAM DT. 5. SASIDHARAN, KEEZHAMPANADU, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM DT. W.P.(C).29090 OF 2008 - 2 - 6. SAJEEV, NARAKAPARAMBIL, THURUTHY P.O. CHANGANACHERRY, KOTTAYAM DT. 7. JIJI KARUNAN, SANKARAMANDIRAM, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM DT. 8. VIDYADHARAN, PUTHUPARAMBIL, THURUTHY P.O CHANGANACHERRY, KOTTAYAM DT. 9. SHAJI VALIYAPARAMBIL, THURUTHY P.O. CHANGANACHERRY, KOTTAYAM DT. 10. ANITHA SABU, KARIMBATHARA, THURUTHY P.O., CHANGANANCHERRY, KOTTAYAM DT. 11. SUPERINTENDENT OF POLICE, KOTTAYAM. R1, R2 & R11 BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.29090 OF 2008-K APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - COPY OF JUDGMENT OF THIS COURT DT.21.3.06 IN WP(C).5910/06. EXT.P2 - COPY OF THE FIR IN CRIME NO.930/06. EXT.P3 - COPY OF THE FIR IN CRIME NO.931/06. EXT.P4 - COPY OF THE FIR IN CRIME NO.939/06. EXT.P5 - COPY OF THE DISCHARGE SLIP ISSUED FROM THE DISTRICT HOSPITAL, KOTTAYAM. EXT.P6 - COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT 11.3.08. EXT.P7 - COPY OF THE NOTICE OF THE 2ND RESPONDENT DT.24.9.08. EXT.P8 - TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT ON 27.9.08. - TRUE COPY - H.L.Dattu,C.J. & A.K.Basheer, J. ------------------------------------------- W.P.(C).No.29090 of 2008-K -------------------------------------------- Dated, this the 7th October, 2008 JUDGMENT Basheer,J. Admittedly, pursuant to Exhibit P1 judgment, dated March 21, 2006 in W.P.(C).No.5910 of 2006, the petitioner and her three daughters are being afforded protection by the police ever since. However, the petitioner has come up before this Court complaining that Exhibit P7 notice has been issued by the Sub Inspector of Police informing her that since there is no law and order situation prevailing in the area, the police protection may be withdrawn at any moment without notice. It is contended by the petitioner that threat to her life and also to her children still persists at the hands of respondents 3 to 10. It is submitted by the learned counsel that there may be a direction to respondent No.2 not to stop providing protection to the lives of the petitioner and her three daughters. (2) Learned Government Pleader, after getting instructions, submits that the situation in the area is not such that it warrants any further protection to the petitioner or her family members at this stage. He further submits that the police personnel who are being put on duty at the residence of the petitioner have been facing harassment at the hands of the petitioner and her daughters. However, we do not propose to deal with that matter at this stage. The petitioner has, admittedly, submitted Exhibit P8 WP(C).29090/2008-K - 2 - representation before respondent No.1, the Circle Inspector of Police, Changanacherry. In the said complaint, the petitioner has narrated her grievances. (3) Having heard learned counsel for the petitioner and the learned Government Pleader and having perused the materials on record, we are of the view that this writ petition need not be kept pending on the files of this Court. It would be appropriate that a direction is issued to respondent No.11, the Superintendent of Police, Kottayam, to consider and take appropriate decision on Exhibit P8 representation in accordance with law, for which the petitioner shall furnish a copy of the aforesaid representation/complaint to the 11th respondent. The writ petition is disposed of in the above terms. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-