IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23353 of 2011(T) -------------------------- PETITIONER(S): --------------- VANAJAKUMARI, AGED 43 YEARS, D/O.LEKSHMIKUTTY AMMA, EDUTHODIYIL HOUSE, P.O KADAMPUZHA,TIRUR TALUK. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505. 3. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KALPAKANCHERY, MALAPPURAM-676 551. 4. KUNJITHU, S/O.MOIDHEEN, CHATHERY HOUSE, PALLIKANDAM, P.O KADAMPUZHA, MALAPPURAM DISTRICT-676 553. 5. ACHAYAN ALIAS VALLIKUNNU RAJU, THADIPARAMBIL VEEDU, P.O KADAMPUZHA, PILATHARA, MALAPPURAM DISTRICT-676 553. 6. BALAKRISHNAN, PAMBAYIL PUTHEN VEEDU P.O KADAMPUZHA, MALAPPURAM DISTRICT-676 553. BY ADV. SRI.CARLTON THOMAS FOR R4 TO R6 SMT.C.M.CHARISMA, LEARNED GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No. 23353 of 2011(T) APPENDIX EXHIBITS FOR THE PETITIONER : Ext.P1: COPY OF THE PRIVATE COMPLAINT FILED BEFORE THE LEARNED JFCM-TIRUR Ext.P2 : COPY OF THE REPRESENTATION PREFERRED TO THE S.I. of POLICE, KALPAKANCHERY POLICE STATION EXHIBITS FOR THE RESPONDENTS : NIL //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.23353 of 2011 ------------------------------- Dated this the 2nd day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. In this writ petition the petitioner, a lady, seeks protection for her life from the threats and other contumacious acts from the part of respondents 4 to 6. The complaint of the petitioner is that, despite Exts.P1 and Ext.P2, the police has not taken any action. Learned Government Pleader Smt.C.M.Charisma, on the basis of instructions from the police, submitted that Ext.P1 complaint was forwarded by the Magistrate to the police under Section 156(3). The investigation was conducted and the investigation revealed that the complaint is a false one. Accordingly, a refer report was submitted to the Magistrate. She submitted further that, on the basis of Ext.P2 representation given to the police, the parties were summoned. The enquiry conducted by the Station House Officer revealed that, there is some financial transaction between the petitioner and the party respondents. According to the learned Government Pleader, there is no law and order situation or any 2 W.P.(C) No.23353 of 2011 threat from the part of the party respondents to the petitioner. Learned Government Pleader also submitted that at the instance of respondents, S.T.No.1473 of 2010 has been filed against the petitioner. 2. We have heard the submissions of Mr.Rajan Vishnuraj learned counsel for the petitioner and heard learned counsel for the party respondents apart from hearing of learned Government Pleader. Having considered the submissions addressed at the Bar, we are of the view that no case is made out for issuance of the protection direction sought for. We decline the relief sought for. However, we direct the 2nd and 3rd respondent to keep vigil and ensure that the dispute between the petitioner and the party respondents doesn't give rise to any law and order problems. The party respondents are permitted to pursue legal remedies including S.T.No.1473 of 2010 already initiated by them. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/