IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 23040 of 2008(P) -------------------------- PETITIONER: ------------ VITTY FRANCIS, W/O.LATE FRANCIS, AGED 70 YEARS, PULIKKOTTIL HOUSE, EDATHALA, ALUVA. BY ADV. SMT.P.A.ANITHA RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, ALUVA. 2. JACOB BENNY, S/O.LATE FRANCIS, PULIKKOTTIL HOUSE, EDATHALA, ALUVA. BY ADV. SRI.ROY MATHEW FOR R2 SR.GOVT. PLEADER SRI.BENJAMIN PAUL - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 23040/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT DT. 26.7.08 TO THE 1ST RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 23040 OF 2008-P ----------------------------------------- Dated 13th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner, who is a widow aged 70 years, seeks protection to her life from the alleged threat of the 2nd respondent, who is her only son. She is residing in a house, which was owned by her late husband. Her husband executed a will, assigning the said house to their daughter and the children of the 2nd respondent. The right of the petitioner to reside there has been reserved till her death. But, the petitioner submits, immediately after the death of her husband, the 2nd respondent started harassing her with the intention to drive her out. The petitioner moved the police several times and since the harassment from the part of the 2nd respondent became unbearable and the action taken by the police was not effective even after the filing of Ext.P1 representation, this writ petition is filed, seeking appropriate directions to the police to WPC 23040/08 2 render necessary protection to her life. 2. The 2nd respondent has filed a counter affidavit, denying the allegations against him. In fact, the petitioner tried to poison him by mixing poison in the tea taken by him and he is living under perpetual fear for his life and of his children. He apprehends that such actions will be repeated by the petitioner, which may endanger their life. The 2nd respondent denies all the allegations against him. 3. The learned Government Pleader, upon instructions, submitted that though notice was served on the 2nd respondent, to enquire into the petition filed by the petitioner, he did not appear. A woman police constable was sent to the house of the 2nd respondent and his wife was told not to harass the petitioner. 4. We record the submission of the 2nd respondent that he has no intention, whatsoever, to harass the petitioner physically or otherwise and he will not harass her in any manner. Recording the above WPC 23040/08 3 submission, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/