IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 14685 of 2008(W) -------------------------- PETITIONER: ------------ NABEESATHU BEEVI, AGED 56 YEARS, W/O.LATE JAHUFARUDEEN, THENGUVILA HOUSE, HOUSE NO.2/664(OLD NO.2/580), CHERUNNIYOOR GRAMA PANCHAYAT, PALACHIRA, VARKALA. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, VARKALA. 2. JALUDEEN, S/O.MUHAMMED KASSIM, THENGUVILA HOUSE, HOUSE NO.2/661(OLDNO.2/578) CHERUNNIYOOR GRAMA PANCHAYAT, PALACHIRA, VARKALA. 3. MUHAMMED ISMAIL RAWTHER, SHAJI MANZIL, THADICADU, ANJAL, KOLLAM DIST,. 4. JALEELA BEEVI, D/O MUHAMMED KASSIM, SHAJIL MANZIL, THADICADU, ANJAL, KOLLAM DIST. 5. ELMUNNISA BEEGUM, W/O.SALAGYDDIN, THENGUVILA HOUSE, HOUSE NO.2/661, (OLD NO.2/578) CHERUNNIYOOR GRAMA PANCHAYAT, PALACHIRA, VARKALA. 6. RASHEEDA BEEGUM, W/O.MANSOORDUDDIN, MASS VILLA, HOUSE NO.2/682 (OLD NO.2/595)CHERUNNIYOOR GRAMA PANCHAYAT, PALACHIRA, VARKALA. WPC 14685/2008 -2- 7. SHAHEEDA BEEGUM, D/O.MOHAMMED KASSIM, A.S.MANZIL, PAPPALA, KILIMANOOR, TRIVANDRUM DIST. 8. FATHIMA BEEVI, W/O.MOHAMMED KASSIM, THENGUVILA HOUSE, HOUSE NO,.2/661/(OLD NO.2./578) CHERUNNIYOOR GRAMA PANCHAYAT, PALACHIRA, VARKALA. R1 BY GOVT. PLEADER SRI BENJAMIN PAUL BY ADV. SRI.B.S.SWATHY KUMAR FOR R.2TO8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14685/2008 -3- WPC. 14685/2008 APPENDIX: PETIITONER'S EXTS: EXT.P1 : TRUE COPY OF O.S.NO. 155 OF 2007 FILED BEFORE THE MUNSIFF COURT, VARKALA EXT.P2: TRUE COPY OF THE RELEVANT PAGES OFO THE RATION CARD NO. 1104048118. EXT.P3: TRUE COPY OF THE TAX RECEIPT NO. 28 DATED 11-12-2007. EXT.P4: TRUE COPY OF THE IDENTITY CA RD DATED 19-5-1997 EXT.P5: TRUE COPY OF THE RELEVANT PAGES OF THE VOTER'S LIST OF CHERUNNIYOOOR GRAMA PANCHAYATH. EXT.P6: TRUE COPY OF THE PETITION D ATED 10-5-2008 SUBMITTED BY THE PETIITONER EBFORE THE FIRST RESPODENT. ks. TRUE COPY P.S.TO JUDGE K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 14685 OF 2008 ============================ DATED THIS THE 29TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court seeking police protection to reside in the house bearing door No.C.P.No.2/664 (old No.2/580) of Cherunniyoor Grama Panchayath. She submits that respondents 2 to 8 are harassing and obstructing her. Though she moved the police, the police did not extend any help to her. Therefore, this writ petition was filed. 2. This Court on 21-5-2008 has passed an interim order in favour of the petitioner. She submits that she is satisfied if the writ petition is disposed of maintaining that interim order. Respondents 2 to 8 have filed a counter affidavit in which they submitted that they have no intention whatsoever to harass or obstruct the petitioner. The 8th respondent has a right to reside in the building. She is residing there. She is aged 87 and she finds it difficult to move around. The petitioner will not give food to her . Therefore, her children are coming to feed her. The learned counsel for respondents 2 to 8 WPC 14685/2008 -2- pointed out that after the interim order, respondents 2 to 7 are prevented by the police from visiting the 8th respondent. 3. Having regard to the facts of the case, this writ petition is disposed of maintaining the interim order passed by this Court on 21-5-2008. But the said order will not stand in the way of respondents 2 to 7 visiting the 8th respondent. We record this undertaking of respondents 2 to 7 that they will not cause any obstruction or harassment of the petitioner. Protection granted will be subject to any orders passed by the competent civil court. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks. WPC 14685/2008 -3- JUSTICE M.C. HARI RANI KL-7/AV 6371