IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 35409 of 2010(A) -------------------------------------- PETITIONER: ------------------- SAVITHRI, AGED 63, W/O.LATE VASUDEVAN, PARUMBIL PUTHEN VEEDU, AYILAM,ATTINGL P.O. THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLGE POLICE STATION, THIRUVANANTHAPURAM PIN- 695 011. 2. THE SUB INSEPCTOR OF POLICE, SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM PIN – 695 011. 3. KRISHNANKUTTY, S/O. GOPALAN, KANAKKANVILAKOM, KUZHIKKATTUKONAM, POWDIKONAM P.O., THIRUVANANTHAPURAM, PIN – 695 587. 4. RAMACHANDRAN, S/O. GOPALAN, KADYIL VEEDU, MUKKIKADA, POWDIKONAM P.O. THIRUVANANTHAPURAM – 695 587. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R3 & R4 BY ADVS. SRI.V.AJAKUMAR, SRI.T.M.CHANDRAN, SRI.N.S.RAVINDRANATHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35409/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT DEED NO.1970/94. EXT.P.2: COPY OF THE DECREE DTD. 31/01/2004 IN O.S. NO. 358/01 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE JUDGMENT DTD. 31/01/2004 IN O.S. NO. 358/01 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM. EXT.P.4: COPY OF THE ORDER IN CMA.NO.92/07 DTD. 23/05/2009 OF THE ADDITIONAL DISTRICT JUDGE-I, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE ORDER DTD. 21/10/09 IN W.P.(C).NO.27285/09 OF THIS HONOURABLE COURT. EXT.P.6: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 35409 OF 2010 ============================ Dated this the 15th day of December, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following reliefs. “i)to issue a writ in the nature of mandamus commanding or compelling the respondents 1 and 2 to provide adequate and effective police protection to the life of the petitioner and her son. ii)to issue a writ in the nature of mandamus commanding or directing the 3rd and 4th respondents, not to commit any threat to the life of the petitioner and her son”. 2. The case of the petitioner in brief is as follows. The petitioner is a widow aged 63 years. The third rspondent and fourth respondent are brothers of the petitioner. The petitioner had to file a suit and ultimately petitioner evicted the third Wpc 35409/2010 2 respondent. Though application to set aside the exparte decree was passed it was dismissed and the same has now become final. Petitioner is facing threat from respondents 3 and 4 and hence this writ petition. 3. A counter affidavit is filed. We heard the learned counsel for the parties. Learned counsel for respondents 3 and 4 would submit that in the counter affidavit they have stated inter alia as follows:- “The respondents 3 and 4 never threatened the petitioner and her son as alleged and to our knowledge no petition was filed by the petitioner against us. Ext.P6 petition is created only for the purpose of filing this writ petition(civil). The respondents 3 and 4 never raised any threat to the life of the petitioner or her son as alleged”. 4. The learned counsel for respondents 3 and 4 reiterates the same. We record the submission and also direct that in case petitioner complains of any threat to her life as against respondents 3 and 4 before the 2nd respondent, 2nd respondent Wpc 35409/2010 3 will look into it and if it is found to be genuine, he shall afford protection to the life of the petitioner as against respondents 3 and 4. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk