IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32623 of 2011(C) --------------------------------------- PETITIONER(S): ------------------------ VISALAKUMARI.B, D/O. BHARATHI AMMA, VISAL, MANIKANDESWARAM, PEROORKADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): -------------------------- 1. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM - 695 001. 2. THE CIRLCE INSPECTOR OF POLICE, PEROORKADA, THIRUVANANTHAPURAM - 695 025. 3. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM - 695 025. 4. AJITHKUMAR, S/O. SUKUMARAN NAIR, KATTAKKAL HOUSE, MANIKANDESWARAM, PEROORKADA.P.O, THIRUVANANTHAPURAM - 695 025. R1 TO R3 BY GOVT. PLEADER SRI. SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32623/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE JUDGMENT DATED 16/09/2010 IN O.S N. 433/2008 OF THE 2ND ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM. P2:- COPY OF THE COMPLAINT DATED 24/11/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32623 of 2011 ------------------------------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioner, a lady has filed this Writ Petition seeking police protection for her life and for her properties. According to her, there was a civil suit in respect of her property which was decided by the Munsiff's Court in her favour under Ext.P1 judgment. She submits that Ext.P1 judgment has attained finality. She further alleges that there is threat to her life and limbs from the part of the party respondents. She complains that the 3rd respondent Sub Inspector of Police has not taken any action though she filed complaint. 2. Sri.Susheel Cyriac, the learned Government Pleader on the basis of instructions from the 3rd respondent submitted that it is not correct to say that the police have not taken any action on the complaint submitted by the W. P. C. No.32623 of 2011 -2- petitioner. The police summoned the petitioner as well as the 4th respondent. Both of them were warned against taking law and order situation. 3. Sri.Ahzar S., the learned counsel for the 4th respondent submitted that the incident as alleged in the Writ Petition has not happened. The 4th respondent does not intend to cause any danger to the life or limbs of the petitioner. The 4th respondent is having an easement of way trough the property covered by Ext.P1 judgment. Ext.P1 judgment has not become final. AS.151/10 is already filed by the 4th respondent against Ext.P1 and the same is pending before the District Court. The 4th respondent is being forcibly prevented by the petitioner from walking through the property covered by Ext.P1. This is an illegality and this illegality should be prevented by this Court. 4. Sri.Biju Balakrishnan, the learned counsel for the petitioner submitted that the petitioner has no notice regarding AS.151/10. The safety of the petitioner's life has to be ensured and the petitioner is a widow leading a solitary W. P. C. No.32623 of 2011 -3- life. Sri.Ahzar, the learned counsel for the 4th respondent disputed the above submission. According to him, it is not a solitary life that is led by the petitioner. 5. Having given our anxious consideration to the rival submissions addressed at the Bar, we are of the view that as the District Court, Thiruvananthapuram which is in seizin of AS.151/10 any relief in respect of the immovable property should be sought for and obtained from that court. If the 4th respondent is having grievances against the petitioner in respect of user of the property as pathway the 4th respondent can move the District Court by appropriate interlocutory application in A.S.151/10. 6. Coming to the protection for life and limb sought for by the petitioner, we record the submission of Sri.Susheel Cyriac, the learned Government Pleader. We also record the submission of Sri.Ahzar, the learned counsel for the 4th respondent that the 4th respondent does not intend to cause any danger to the petitioner's life and limbs. We dispose of the Writ Petition directing the Sub Inspector of Police the 3rd W. P. C. No.32623 of 2011 -4- respondent to keep vigil and ensure that the dispute between the petitioner and the 4th respondent does not give rise to any law and order situation or eruption of violence. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE