IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 21232 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. DEVAKIAMMA, W/O. MADHAVANPILLAI, AGED 80 YEARS, ASARI AZHIKATHU MALATHIL, NALLILLA P.O., KOLLAM. 2. M.MOHANAN PILLAI, S/O. MADHAVAN PILLAI, KASTHOORI, NALLILA P.O., KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-675 001. 2. DEPUTY SUPERINTENDENT OF POLICE, KOLLAM-691 001. 3. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM-691 501. 4. OMANAMMA, W/O. BALAKRISHNA PILLAI, AGED 65 YEARS, ASARI AZHIKATHU VEEDU, NALLILLA P.O., KOLLAM-691 515. 5. MOHANAN PILLAI, S/O. BALAKRISHNA PILLAI, AGED 45 YEARS, VISHU NIVAS, NALLIM P.O., KOLLAM-691 515. 6. RADHAKRISHNA PILLAI, S/O. BALAKRISHNA PILLAI, AGED 41 YEARS, HARIMANDIRAM, NALLIM P.O., KOLLAM-691 515. 7. SANTHOSH, S/O. BALAKRISHNA PILLAI, AGED 39 YEARS, ASARI AZHIKATHU VEEDU, NALLILLA P.O., KOLLAM. BY ADV.SRI.HANIL KUMAR, GOVERNMENT PLEADER FOR R1-3 SRI.RAJAVIJAYARAGHAVAN FOR R4-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No. 21232 of 2010(D) APPENDIX EXHIBITS FOR THE PETITIONER : Ext.P1 : COPY OF THE COMPLAINT FILED BY THE 1st PETITIONER BEFORE THE 3rd RESPONDENT Ext.P2 : COPY OF THE COMPLAINT DATED 3.7.2010 FILED BY THE 2nd PETITIONER BEFORE THE 3rd RESPONDENT Ext.P3 : COPY OF THE MEDICAL CERTIFICATE dt.19.6.2010 ISSUED FROM THE HOSPITAL EXHIBITS FOR THE RESPONDENTS : Ext.R5(a) : COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER NEDUMPANA DATED 26.7.2010 Ext.R5(b) : COPY OF THE FIR IN CRIME 114 OF 2007 OF KUNDARA POLICE STATION DATED 11.2.2007 Ext.R5(c) : COPY OF THE JUDGMENT DATED 8.2.2010 IN O.S.173 OF 2007 OF THE PRINCIPAL MUNSIFF, KOLLAM Ext.R5(d) : COPY OF THE COMPLAINT FILED BEFORE THE SUPERINTENDENT OF POLICE, KOLLAM, dtd.30.6.2010. Ext.R5(e) : COPY OF THE FIR IN CRIME 1112 OF 2010 DATED 3.7.2010 OF THE KUNDARA POLICE STATION //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21232 of 2010 ------------------------------- Dated this the 6th day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioners, an 80 year old lady and her son, have approached this Court seeking protection for their lives from what is described as threats, violence and contumacious conduct from the part of respondents 4 to 7. It is seen on a perusal of the pleadings that the petitioners and the party respondents are related to each other. It is also seen that civil disputes exist over the properties and certain suits have been filed also. In this writ petition, it is protection for lives alone, which is sought for. We are convinced that this prayer has been made in the backdrop of civil disputes over the properties. Learned Government Pleader on the basis of instructions submitted that, Ext.P2 complaint filed by the petitioner was duly enquired into and the enquiry revealed that the complaint was a sequel of the 2 W.P.(C) No.21232 of 2010 existing civil disputes. The enquiry also revealed that there is no threat or danger to the lives of the petitioners. Learned counsel for the petitioners submits that, at the instance of the party respondents two crimes have been registered by the police against the petitioners that it is the petitioners who are causing danger to the lives of the party respondents. Learned counsel for the petitioners Mr.Ajayakumar G., per contra would make submissions based on the averments in the writ petition and insist that unless the direction sought for is granted, the petitioners will find it extremely difficult to live peacefully in their house. Having considered the pleadings raised by the party respondents and the submissions addressed at the Bar, we are of the view that it would suffice, if this writ petition is disposed of issuing the following directions :- The Police Officer investigating into the crimes, which have been registered at the instance of the petitioners or the party respondents, shall conduct investigation sincerely and file a final 3 W.P.(C) No.21232 of 2010 report/refer report in those crimes at the earliest. If any complaint is received in future from the petitioners or from any of the party respondents, the 3rd respondent Station House Officer, will conduct thorough enquiry into those complaints and will take steps as is warranted by the facts revealed in the enquiry for protecting the lives of the petitioners as well as the party respondents. It will be ensured by the 3rd respondent that the disputes between the petitioners and the party respondents do not give rise to law and order situations or violence. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/