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 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28838 of 2011(D) --------------------------------------- PETITIONER: ------------------- LEELAMMA, AGED 60 YEARS,MADATHUVILAKATHU VEEDU, CHANDAVILA, SAINIKA SCHOOL, P.O, KAZHAKOOTTAM, THIRUVANANTHAPURAM. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR, SRI.K.S.PRAVEEN. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN. NO. 695 582. 2. RAJLAL, S/O. RAJ MOHAN, R.M. BHAVAN, CHANDAVILA, SAINIKA SCHOOL P.O, THIRUVANANTHAPURAM. PIN-695 585. 3. ZEENATH BEEVI, D/O ZAFIA BEEVI, THENGUVILA VEEDU, SAINIKA SCHOOL, P.O, THIRUVANANTHAPURAM. PIN. NO.-695 585. 4. SULEKHA BEEVI, D/O AISHA BEEVI, KAVILVILA VEEDU, SAINIKA SCHOOL P.O, THIRUVANANTHAPURAM, PIN. NO.695 585. W.P.(C).NO.28838/2011-D: 5. RAMLA BEEVI, D/O NABEESA BEEVI, THENGUVILA VEEDU, SAINIKA SCHOOL P.O, THIRUVANANTHAPURAM, PIN. NO.695 585. R1 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28838/2011-D: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE PLAINT IN OS.NO.1001/11 OF MUNSIFF COURT, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF THE ORDER DTD. 14.06.2011 IN I.A. NO.4148/2011 OF MUNSIFF COURT, THIRUVANANTHAPURAM. EXT.P3: TRUE COPY OF THE PLAINT IN O.S. NO. 1002/11 OF MUNSIFF COURT, THIRUVANANTHAPURAM. EXT.P4: TRUE COPY OF THE ORDER IN I.A. NO.4152/11 IN O.S. NO.1002/11 OF MUNSIFF COURT, THIRUVANANTHAPURAM, DTD. 02.08.2011. EXT.P5: TRUE COPY OF THE ORDER IN I.A NO. 6124/11 IN O.S. NO.1426/11 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM, DTD. 10.10.2011. EXT.P6: TRUE COPY OF THE REQUEST DTD. 17.10.2011 TO THE IST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------ W.P.(C) No.28838 of 2011 ----------------------------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner, a lady, has approached this court seeking police protection for her properties as well as for her life and limbs from the atrocities of party respondents 2 to 5. It is clear on a reading of the pleadings that the petitioner is pitted in a civil litigation with the party respondents before the Munsiff Court, Thiruvananthapuram. Sri.T.A.Unnikrishnan, the learned counsel for the petitioner very fairly submitted before us that the civil litigation has not attained finality. Though the interim orders issued by the civil court are in favour of the petitioner as the issue relating to property continues to be before the court, we are not inclined to grant any relief to the petitioner in respect of the property. We direct the petitioner to approach the civil court itself and seek relief from that court. Coming to the question of protection for the life and limbs of the petitioner, we find that Ext.P6 petition is submitted by the W.P.(C) No.28838 of 2011 2 petitioner to the Sub Inspector of Police, Kazhakoottam, the first respondent. It is alleged that there was an attempt by the party respondents to intimidate the petitioner by wielding choppers. It is also alleged that they have threatened that the petitioner and her relative one Deepa will be killed. Considering the allegations in Ext.P6, we are inclined to dispose of the Writ Petition even without issuing notice to the party respondents, issuing the following directions: a)The first respondent is directed to take up Ext.P6 immediately and conduct a thorough enquiry into Ext.P6. b) If the enquiry reveals that the allegation of the petitioner that there subsists any threat to her life from the part of the party respondents is correct, the first respondent will do everything to ensure that the life and limbs of the petitioner are safe. PIUS C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE cms