IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 35923 of 2010(M) ---------------------------------------- PETITIONER(S): -------------------------- PARAMESWARI AMMA,D/O.LAKSHMI AMMA, AGED 65 YEARS, AMMA SAM HOUSE, CHERAI DESOM, PUNNAYURKULAM VILLAGE, CHAVAKKAD,TRICHUR DISTRICT. BY ADV. SMT.K.NANDINI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE INSPECTOR GENERAL OF POLICE, TRICHUR 680 609. 2. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD 680 506. 3. SHAJI, S/O.ABOOBACKER, VAKAYIL HOUSE AYIROOR DESOM, PERUMPADAPPU VILLAGE PONNANI TALUK, TRICHUR DISTRICT 680 600. 4. PRAMOD, S/O.KUMARAN, BIDAYINI HOUSE CHERAI DESOM,PUNNAYURKULAM VILLAGE PONNANI TALUK, TRICHUR DISTRICT 680 609. 5. KUNJUNNI, S/O.NEELAKANDAN, OYICKARA HOUSE,CHERAI DESOM,PUNNAYURKULAM VILLAGE PONNANI TALUK, TRICHUR DISTRICT 680 609. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 35923 OF 2010 ============================ Dated this the 7th day of December, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following reliefs:- “i) to issue a writ of mandamus directing the 1st and 2nd respondents to afford effective and sufficient police protection to the life and limbs of the petitioner and her family; till the final disposal of the writ petition; ii)to issue a writ of mandamus directing the 1st and 2nd respondnt to act upon the Exts.P2 and P3 in a time bound manner”. 2. The case of the petitioner in brief is as follows. The petitioner is an old aged widow. It is stated that in the year 2009, she entered into a sale deed with the third respondent but the third respondent violated the conditions and stipulations in the sale deed and the deed was cancelled. But the third respondent Wpc 35923/2010 2 who got offended, illegally attempted to get into the property engaging goondas and petitioner filed O.S.565 of 2010 before the Munsiff's Court, Chavakkad and obtained an injunction. Ext.P1 is the plaint. There is violation of the injunction by third respondent and petitioner and children were threatened. Petitioner has submitted Ext.P2 representation. She also sent Ext.P3 representation. There is reference to WP(C)No.28778 of 2010 filed by her son. 3. We heard the learned counsel for the petitioner and learned Government Pleader. Learned counsel for the petitioner submits that actually it is not a sale deed and it is only an agreement to sell and she refers to Ext.P1 plaint in this regard. We went through the averments in the representation wherein the petitioner is seeking relief from the police. It would appear that the allegation is essentially that if the petitioner goes to the property in question, she will be threatened. In the first week of November, she was threatened by the third respondent when the petitioner and her workers went to the plaint schedule property. The learned Government Pleader on instructions submits that suit is pending and in fact the third respondent's ase is that he is in possession of the property. Whatever that be, having regard Wpc 35923/2010 3 to the pleadings and arguments of the learned counsel also for the petitioner, we are not convinced that this is a fit case where we should order relief. Accordingly, we see no reason to entertain this writ petition. It is for the petitioner to work out remedy before the civil court. Petitioner has already obtained an order of injunction. If the injunction is passed after hearing the other side also, petitioner will be entitled to move the same civil court for police protection also. In such circumstances, we dismiss the writ petition making it clear that we have not gone into the merits of the matter. This will be without prejudice to the right of the petitioner to seek appropriate remedies before the competent court. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk