IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28132 of 2011(N) -------------------------- PETITIONER(S): --------------- BINDU SURESH, W/O.CHELATT SURESH,AGED 36 YEARS, CHELATT,KURUVANGAD,KOYILANDI, KOZHIKODE DT.PIN 673 620 BY ADV. SRI.B.V.JOY SANKER SRI.JACOB CHACKO SRI.BIJI MATHEW RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KOYILANDI,KOZHIKODE DT.PIN 673 305 2. SUB INSPECTOR OF POLICE, KOYILANDI,KOZHIKODE DT.PIN 673 305 3. SEKHARAN, S/O.VELU,USHALAYAM,KURUVANGAD, KOYILANDI,KOZHIKODE DT.673 620 4. KAKKATT KUNNUMMAL MADHAVAN, S/O.CHANGARAN,PERUVATTOOR,KOYILANDI, KOZHIKODE DT.673 620 5. RAVEENDRAN, KURUVANGAD,KOYILANDI, KOZHIKODE DT.673 620 BY GOVT.PLEADER SRI.DINESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28132/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT & DECREE IN O.S. NO.368 OF 2010 BY THE MUNSIFF'S COURT, KOYILANDI DATED 2/07/2011. EXT.P2: COPY OF THE REPORT AND SKETCH SUBMITTED BY THE ADVOCTE COMMISSINER O.S. NO. 368/2010. EXT.P3: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15/10/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 28132 OF 2011 ------------------------ Dated this the 24th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned Government Pleader Sri.Dinesh Mathew Manjooran has taken notice on behalf of respondents 1 and 2. 2. The petitioner, a lady, seeks protection for her property as well as for herself from threats, violence and other contumacious acts perpetrated by respondents 3 to 5 her neighbours. The petitioner relies on Ext.P1 judgment, Ext.P2 commission report as well as on the decree stated to have been passed in favour of her husband Sri.Suresh on the basis of Ext.P1, to claim protection for the property. 3. On going through Ext.P1, we find that it is an ex parte judgment and decree which has been passed by the Munsiff Court Koyilandi. According to the learned counsel for the petitioner Sri.B.V.Joy Sanker, the above judgment and decree have become final. If that be so, it is always open to the petitioner to seek WPC.No.28132/2011 2 adequate protection for the property by seeking execution of the decree passed by the Munsiff Court on the basis of Ext.P1. We relegate the petitioner to that remedy in respect of the property . 4. Coming to the protection sought for in respect of the life and limbs , we notice that Ext.P3 petition has been submitted by the petitioner to the 2nd respondent - Sub Inspector of Police, Koyilandi. We direct the 2nd respondent to have an immediate enquiry into Ext.P3 and if the enquiry reveals that threat subsists to the life and limbs of the petitioner from the party respondents, the 2nd respondent shall take necessary steps for protecting the life and limbs of the petitioner from all danger. The writ petition is disposed of with the above directions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.28132/2011 3