IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2673 of 2010(H) ------------------------------------ PETITIONER(S): ---------------------- SABEENA CLEETUS, W/O.CLEETUS, AGED 50 YEARS, BETHEL NIVAS, RESIDENCY NO.116, MEENATH CHERRY, KAVANAD P.O., KOLLAM. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JOSEPH SEBASTIAN RESPONDENT(S): ------------------------ 1. CLEETUS, S/O.PETER, BETHEL NIVAS, MEENATH CHERRY, KAVANAD P.O., KOLLAM. 2. JOSE CLEETUS, S/O.CLEETUS, AGED 27 YEARS, KALARI THEKKETHIL, KAVANAD P.O., KOLLAM. 3. NIZY, W/O.JOSE CLEETUS, KALARI THEKKETHIL, KAVANAD P.O., KOLLAM. 4. JESSY PETER, W/O.PETER, AGED 70 YEARS, KALARI THEKKETHIL, KAVANAD P.O., KOLLAM. 5. SUPERINTENDENT OF POLICE, KOLLAM. 6. SUB INSPECTOR OF POLICE, KAVANAD, KOLLAM. R5 & R6 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2673 of 2010-H ---------------------------------------------- Dated, this the 28th day of January, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents 5 and 6 to give adequate protection to the petitioner, her property and residence to thwart and avert the attempted offences of respondents 1 to 4 and by their supporters against the petitioners; and ii) to issue a writ of mandamus or any other appropriate writ, direction or orders commanding the respondents 5 and 6 to enquire into the petitioner's Ext.P1 petition.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a Pentecost believer. She has been propagating the 'World of God' among heathens and in unknown lands for the past two decades. The Ist respondent is her husband. Second respondent is her eldest son. The WPC 2673/2010 -2- third respondent is the wife of her son. The 4th respondent is the mother in law of the 2nd respondent. It is stated that in the wedlock between the petitioner and the Ist respondent two male children were born. The younger son of the petitioner is a minor. The eldest son who is aged 28 years got married. It is further stated that there is rift between the petitioner and respondents. There is reference to litigation between the parties. It is further stated that, the 2nd respondent, under the pretext of a prohibitory injunction order issued in O.P.490/2008, not knowing that it has been subsequently vacated by the dismissal of the OP, forcefully entered in the house which is solely owned and occupied by the petitioner, threatened her that he will deal with her and all dire consequences. It is stated that the 2nd respondent is accompanied by 3rd and 4th respondents. They are not allowing the petitioner to live peacefully. The life of the petitioner is in grave danger, it is submitted. It is stated that the petitioner has filed Ext.P1 petition before the 5th respondent, Superintendent of Police, Kollam. 3. We heard the learned counsel for the WPC 2673/2010 -3- petitioner. Apparently, it is a dispute between the petitioner and her family members. More importantly, we find that the substantial disputes relates to the property. We feel that, it is for the petitioner, if so advised, to approach the competent Civil Court or Family Court which has jurisdiction in the matter and seek appropriate relief. Without prejudice to the right available to the petitioner the writ petition is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS