IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 8310 of 2010(K) ------------------------- PETITIONER: --------------- GIGI MATHEW, W/O.K.M.MATHEW, KANDEREPPALLIYILYA KALAVICKAL HOUSE, MEMURY, MANJOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY. 3. THE SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION. 4. K.M.MATHEW @ DAI, KANDARAPPALLIYIL HOUSE, KANJIRATHANAM, KOTTAYAM-686 603. ADV. SRI.M.P.ASHOK KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8310 of 2010(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT IN MAT.APPEAL NO.291 / 2009 OF HIGH COURT. EXT.P2 : TRUE COPY OF THE COMPLAINT DT.9.3.2010 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 8310 of 2010 K - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following relief: “issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to give sufficient and adequate protection to the petitioner and her children against the illegal activities of the 4th respondent and his allies from forcibly evicting the petitioner and her children from the house, bearing No.367 in Ward 16 of Manjoor Panchayat situated in 66.051 cents of land comprised in Sy.Nos.241/5, 110/7A and 111/8 of Manjoor Village or causing any harm to the person and property of the petitioner and her children.” W.P.(C).No. 8310 of 2010 2 2. Briefly the case of the petitioner is as follows. The petitioner is the legally wedded wife of the 4th respondent. Three children were born in their wedlock. The relationship between them became strained. There is reference to a Settlement Deed, as per which the 4th respondent had conveyed the above said property and the building situated therein to the petitioner. It is stated that the petitioner is in absolute possession of the property. As per order in O.P. 424 of 2005, the Family Court declared that the petitioner is the owner of the said property and the residential building therein. In appeal, the matter was remanded back by Ext.P1 judgment, as per which this Court had directed that the injunction which was obtained by the petitioner restraining the 4th respondent and another from trespassing into the petition schedule property or alienating the property will continue till the disposal of the case by the Family Court. 3. The petitioner has also filed a petition before the Judicial First Class Magistrate, Vaikom under Section 12 of the Domestic Violence W.P.(C).No. 8310 of 2010 3 Act and the same is pending. It is stated that on 8.3.2010 the 4th respondent came to the house of the petitioner and threatened her and her younger female child and asked them to vacate the house. She filed Ext.P2 complaint before the second respondent. 4. We heard learned counsel for the petitioner, learned counsel for the 4th respondent, Shri.M.P. Ashok Kumar, as also the learned Government Pleader. 5. Learned counsel for the 4th respondent would submits that the allegations raised against the 4th respondent are not correct. He would submit that the 4th respondent has no intention to enter into the house of the petitioner or to threaten her or their children till the matter is finally settled either through mediation or through adjudication. 6. We record the said submission and direct that in case the 4th respondent does any act against the petitioner, which is brought to the notice of respondents 3 and 4, respondents 3 and 4 will provide W.P.(C).No. 8310 of 2010 4 adequate protection to see that the injunction, which has been granted as per Ext.P1, is obeyed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm