IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22641 of 2011(E) ------------------------------- PETITIONER(S): ----------------- 1. SASIKALA V.T,W/O.KUTTAN,AGED 39 YEARS, KATTOTHPADOM HOUSE,VADAKKUMPURAM,NORTH PARUR. 2. VRINDAKUTTAN, D/O.KUTTAN,MINOR AGED 14 YEARS, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.SASIKAL V.T BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE, VADAKKEKKARA POLICE STATION, NORTH PARUR-683513 2. KALADHARAN, KOCHANGADI,VADAKKUMPURAM,NORTH PARUR-683513 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22641 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE PHOTOCOPY OF THE FIR IN CRIME NO.639/11 OF 1ST RESPONDNT POLICE STATION. EXT.P2:- TRUE PHOTOCOPY OF THE PASS ISSUED from the OFFICE OF THE GENERAL HOSPITAL, ERNAKULAM. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.22641 of 2011 ------------------------------------------------ Dated this the 25th day of August, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners, mother and daughter have approached this Court seeking protection for their lives and limbs from what is described as existing threat from the part of the second respondent. Even though notice was served to the second respondent by special messenger, he has not entered appearance before this Court for refuting the averments or for resisting the prayers. As directed by us, Smt.C.M.Charisma, the learned Government Pleader took instructions from the police as to the correctness of the averments. According to Smt.Charisma based on the complaints submitted by the wife of the second respondent a crime was registered against the petitioners as Crime W. P. C. No.22641 of 2011 -2- No.736/11 of Vadakkekkara police station. Similarly Crime No.639/11 has been registered on the basis of the complaints submitted by the petitioners against the second respondent. Both these clams are under investigation. According to the police, at the moment, there is no law and order situation and therefore, there is no necessity to issue the protection direction sought for. 2. Sri.Denizen Komath, the learned counsel for the petitioners submitted that every word of what is written in the Writ Petition is true and correct. The first respondent is siding with the second respondent and emboldened by that the second respondent is always threatening and trying to assault the petitioners. The petitioners are finding lives miserable due to the continuing threats and assaults. 3. Having very anxiously considered the submissions addressed at the Bar including the submissions of the W. P. C. No.22641 of 2011 -3- learned Government Pleader, Smt.C.M.Charisma, we are of the view that this Writ Petition can be disposed of issuing the following directions:- 4. The first respondent who is investigating into Crime Nos.736/11 and 639/11 of Vadakkekkara police station will conduct thorough and sincere investigation and file final reports at the earliest and at any rate within one month from today. In the meanwhile, the first respondent will keep constant vigil over the places where the petitioners as well as the second respondent are residing and will take all steps for averting any law and order situation resulting on account of the dispute between the petitioners and the second respondent. If any complaint is received in future from any of the petitioners complaining of threats to their lives by the second respondent immediate enquiry will be conducted and appropriate action will be taken by the first respondent on W. P. C. No.22641 of 2011 -4- the basis of the facts which are brought out in the enquiry. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-