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 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 20769 of 2011(U) ---------------------------------- PETITIONER(S): -------------------- SHYAMALA, W/O.MANIYAN PILLA, AGED 46 YEARS, KANNANKARA MANNIL, KANNANKARA, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.BIMALA BABY RESPONDENT(S): -------------------- 1. MEENAKSHI, W/O.HARIDAS, KANNANKARA MANNIL, KANNANKARA, PATHANAMTHITTA DISTRICT. 689 645. 2. HARIDAS, KANNANKARA MANNIL, KANNANKARA, PATHANAMTHITTA DISTRICT. 689 645. 3. LALITHA, KANNANKARA MANNIL, KANNANKARA, PATHANAMTHITTA DISTRICT. 689 645. 4. KALYANI, KANNANKARA MANNIL, KANNANKARA, PATHANAMTHITTA DISTRICT. 689 645. 5. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 689 645. 6. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 689 645. R5 & R6 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.20769/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE PATHANAMTHITTA. P2: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 6TH RESPONDENT. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20769 of 2011 --------------------------------- Dated this the 4th day of July, 2011 JUDGMENT Abdul Rehim,J. Complaint of the petitioner is that respondents 1 to 4, who are none other than the family members of the husband of the petitioner, is causing threat to her life, and inspite of approach made before the respondents 5 and 6, no effective police protection is afforded. 2. It is stated that the petitioner, her husband, and respondents 1 to 4 are residing in the very same building. But they are on enimical terms. It is contended that, on an earlier occasion, there was an attempt made to attack the husband of the petitioner, from which he had escaped. Further allegation is that on 17.7. 2011 respondents 1 to 4, with the help of few other people, have trespassed into the house of the petitioner and destroyed the household articles, burned clothes and dresses and attacked the petitioner's husband by inflicting injuries on his body. After the said incident, the husband was in physically WP(C) .20769/2011 2 difficult condition and was admitted in the hospital. According to the petitioner, threat against the life of the petitioner and her husband still continues and the police is not taking any effective steps, inspite of Ext.P1 complaint submitted. 3. When the matter came up for admission, we directed the Government Pleader to get instructions as to what action if any has taken on the basis of Ext.P1. It is submitted by the learned Government Pleader that, with respect to the incident happened on 17.7.2011, the police had registered crime No.545/11 of Pathanapuram Police station against the respondents for offences punishable under sections 447,323,324 & 427 read with section 34 IPC, and the said case is under investigation. It is further submitted that neither the petitioner nor the contesting respondents has got title over the property wherein the house is situated and in fact the property is a purampoke land. The dispute between the contesting parties seems to be with an intention to have exclusive possession of the building in question . It is mentioned that the parties are advised to keep peaceful atmosphere and not to indulge in any further act of assault or violence. WP(C) .20769/2011 3 4. Considering the situation as narrated above, we are of the view that the writ petition can be disposed of without issuing notice to respondents 1 to 4. We realize that there exists some dispute between the parties. However we are of the opinion that the police authorities should keep a constant vigil over the situation and should take necessary steps to avert commission of any cognizable offence from either side. 5. Therefore the writ petition is disposed of directing the 5th respondent to take necessary steps to have a constant vigil over the situation and to take necessary steps to ensure maintenance of law and order atmosphere, and to prevent breach of peace. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .20769/2011 4