IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C. KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 8218 of 2011(B) --------------------------------------- PETITIONER(S): ------------------------ J.N.FLORENCE THAMPI, AGED 60 YEARS, W/O.P.T.XAVIER, RESIDING AT KALLUTHATTU PUTHENVEEDU, KUNNATHUKAL, KARAKKONAM P.O., NEYYATTINKARA TALUK. BY ADV. SRI.D.ROBINSON RESPONDENT(S): ---------------------------- 1. VIJAYAMMA, AGED 58 YEARS, D/O.MUTHU, RESIDING AT KALLUTHATTU VEEDU, KUNNATHUKAL, KARAKONAM P.O., NEYYATTINKARA TALUK. 2. SUB INSPECTOR OF POLICE, VELLARADA P.O., THIRUVANANTHAPURAM DISTRICT. R1 BY ADV. SRI. VINOD J.DEV. R2 BY GOVERNMENT PLEADER SMT. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8218/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.1894 DTD. 6 VRICHIKOM 1121 ME. P2: COPY OF THE DEATH CERTIFICATE DTD. 4/01/2000 OF SELIN THAMPI. P3: COPY OF THE REPRESENTATION DTD. 20/12/2010. P4: COPY OF THE COMPLAINT DTD. 23/01/2011 LODGED TO THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF WILL DTD. 29/08/2003. R1(B): COPY OF POSSESSION CERTIFICATE DTD. 13/05/2011. R1(C): COPY OF THE OWNERSHIP CERTIFICATE DTD. 27/05/2011. /TRUE COPY/ P.A.TO JUDGE Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.8218 of 2011 ------------------------------- Dated this the 12th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has approached this Court seeking protection for her property extending to 8 cents and also for her life from the 1st respondent, her neighbour. According to the 1st respondent, she has filed a counter affidavit stating that the above said property has obtained by way of legacy through a will executed by one Premprakash, who was the owner. We heard Sri.A.Robinson learned counsel for the petitioner, Sri.Vinod J.Dev learned counsel for the party respondents and Smt.C.M.Charisma learned Government Pleader also. According to learned Government Pleader, no law and order situation exists and it is not correct to say that there is any subsisting threat to the life of the petitioner from the 1st respondent. But there appears to be some civil dispute 2 W.P.(C) No.8218 of 2011 over the property. This dispute according to the learned Government Pleader is to be settled through the process of the civil court. Learned counsel for the party respondents also submitted that there is no threat to the life of the petitioner and the property belongs to the respondents only. 2. Sri.Robinson Devid learned counsel for the petitioner however reiterated that the property claimed by the 1st respondent is not the property claimed by the petitioner and he also submitted that as far as the civil dispute is concerned, the same will be settled through the process of the civil court. He submitted that the petitioner is worried about the threat on her life which is even now subsisting. We have very anxiously considered the rival submissions addressed at the Bar. We are convinced that there is civil dispute over the property between the petitioner and the 1st respondent. It appears that there is dispute regarding identity of the property claimed by the two persons. This being the position, this Court is not in a position to issue protection sought in respect of the 3 W.P.(C) No.8218 of 2011 property and the directions sought for are declined. Coming to the protection for life, having regard to the stand taken by the police, we don't find way to issue such direction also now. However, the 2nd respondent is directed to entertain any petition which may be received from the petitioner in future, conduct enquiry on such petition immediately and if the enquiry reveals that there is a threat to the limbs or life of the petitioner, appropriate action as is warranted by the facts brought out in the enquiry shall be taken. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/