IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 24471 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. MANOJ, AGED 38, S/O.SUBHAKARAN, UDAYAGIRI, THATTAMALA, KOLLAM. 2. REKHA MANOJ, W/O.MANOJ, AGED 28, UDAYAGIRI, THATTAMALA, KOLLAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, ERAVIPURAM. 3. SUNIL KUMAR, AGED 44, S/O.SUBHAKARAN, PAVITHRAM, MULLUVILA, VADAKKEVILA P.O., KOLLAM. PIN 691 010. 4. SUJITH KUMAR, S/O.SUBHAKARAN, KAILAS, THIRUMULLAVARAM, NELLIMUKKU, KOLLAM.PIN 691 509. 5. ANAKHA, W/O.SUNIL KUMAR, PAVITHRAM, MULLUVILA, VADAKKEVILA P.O., KOLLAM. PIN 691 010. 6. RENJITHA, W/O.SUJITH KUMAR, KAILAS, THIRUMULLAVARAM, NELLIMUKKU, KOLLAM. PIN 691 509. 7. RAJAMANI, W/O.SUBHAKARAN, AGED 67, UDAYAGIRI, THATTAMALA P.O., KOLLAM. PIN 691 020. ADV. SRI. K.SIJU FOR R3-7 SRI.A.MUHAMMED RAFFI FOR R3-7 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.24471 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF ORDER DATED 14/7/2010 IN CMP 4348/10 IN MC 60/10 OF JFCM II, KOLLAM. EXT.P2: TRUE COPY OF PLAINT DATED 28/7/2010 IN OS 525/2010 BEFORE SUB COURT, KOLLAM. EXT.P3: TRUE COPY OF COMPLAINT DATED 30/7/2010 BEFORE 1ST RESPONDENT. EXT.P4: TRUE COPY OF RECEIPT DATED 31/7/2010 BY 1ST RESPONDENT. EXT.P5: TRUE COPY OF RECEIPT DATED 31/7/2010 BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): THE COPY OF PROTECTION ORDER PASSED BY THE JFMC-II, KOLLAM IN C.M.P.NO.3174/2010 IN M.C.NO.40/2010 DATED 8.7.2010. EXT.R3(b): THE COPY OF SETTLEMENT DEED NO.3038/2009 OF ERAVIPURAM S.R.O DATED 19/10/2009. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.24471 of 2010 ---------------------------------------- Dated this the 8th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to afford adequate and effective police protection to the lives of petitioners from the acts of violence of respondents 3 to 6 and their henchmen. 2. Briefly put, the case of the petitioner is as follows: 3. Petitioners are husband and wife permanently residing in the house which devolved by virtue of a Will executed by the father of the 1st petitioner. Respondents 3 to 7 are the brothers, their wives and mother of the 1st petitioner. Taking advantage of hospitalisation of the 1st petitioner, the father was forcibly removed from the house and a settlement deed was executed in the name of mother. Respondents 3 to 7 are making attempts to dispossess the petitioners. The wife has obtained a W.P.C.No.24471 of 2010 2 residence order under the Protection of Women from Domestic Violence Act. Counter affidavit has been filed by the respondents. Reply affidavit is also filed. 4. By order dated 19/8/2010, we have recorded the submission of the learned counsel for respondents 3 to 7 that respondents 3 to 7 have no intention to cause any threat to the life of the petitioner. It is for the petitioner to seek remedies as far as property rights are concerned before the appropriate competent forum. We make it clear that if the matter comes before court/forum, the court/forum shall decide the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.24471 of 2010 3 W.P.C.No.24471 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010