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 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 12938 of 2011(N) --------------------------------- PETITIONER(S): ----------------- M.K. RAJAMMA, W/O.M.R. SADSIVAN, AGED 45 YEARS, GALILEE, KUNNAM.P.O, MAVALIKKARA - 690 108. BY ADV. SRI.M.F.MOHAMMOD SIYAD RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 002. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR - 689 121. 3. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA - 690101. 4. THE SUB INSPECTOR OF POLICE, MAVELIKKARA - 690101. 5. RAGHUPRASAD, EVOORETH HOUSE, VAZHUVADI, THAZHAKKARA.P.O, MAVELIKKARA -690 102. 6. MURALI, MURALI BHAVAN, KUNNAM.P.O, MAVELIKKARA - 690 108. 7. VIKRAMAN UNNITHAN, VRINDAVANAM, MANGAMKUZHI, VETTIYAR.P.O, MAVELIKKARA - 690 558. WP(C).No. 12938 of 2011(N) -2- 8. MURALI, VALIAYATH HOUSE, KUNNAM.P.O, MAVELIKKARA - 690 108. 9. SIVANKUTTY, MANGAT HOUSE, VAZHUVADI, THAZHAKKARA.P.O, MAVELIKKARA - 690 102. 10. KUNJUMON, ERIYAMBALATH HOUSE, KUNNAM.P.O, MAVELIKKARA - 690 108. 11. PRASAD, ERIYAMBATH HOUSE, KUNNAM.P.O, MAVELIKKARA - 690 108. 12. RAVI, ERIYAMBALATH HOUSE, KUNNAM P.O. MAVELIKKARA 690108. * ADDL. R13 SUSAMMA KOZHY, W/O LATE P. J. JOHN, AGED 71 YEARS, PUTHENTHARAYIL HOUSE, THAZAKKARA, KUNNAM P. O., MAVELIKKARA - 690108. *[ADDL. R13 IS IMPLEADED AS ADDITIONAL RESPONDENT NO.13 AS PER ORDER DATED 30/05/11 IN I.A.7373/11] ADV. SRI.R.PADMAKUMAR FOR R5 TO 12 SRI.P.ARAVIND FOR 5 TO 12. SRI.R.T.PRADEEP FOR ADDL.RES. SR. GOVT. PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12938 of 2011(N) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE REPRESENTATION DATED 16/04/11 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P2:- TRUE COPY OF THE REPRESENTATION DATED 22/04/11 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3:- TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 22/04/11. EXT.P3(a):- TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 22/04/11. EXT.P3(b):- TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 22/07/11 RESPONDENTS' EXTS EXT.R13(a):- TRUE COPY OF JUDGMENT IN CRL. APPEAL NO. 143/92 OF ADDL. SESSIONS JUDGE-I, MAVELIKKARA DATED 31/03/03 EXT.R13(b);- TRUE COPY OF JUDGMENT IN WPC NO.31366/05 DATED 14/11/05. EXT.R13(C):- TRUE COPY OF JUDGMENT IN W.P.8629/11 DATED 05/04/11 PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.12938 of 2011 ------------------------------------------------ Dated this the 8th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition is filed by the petitioner, a lady claiming to be a caretaker of the properties comprised in two different Survey Numbers of Thazhakkara village, Mavelikkara seeking police protection to her life, to her family members and to her employees from illegal acts and threats of respondents 5 to 12. Additional 13th respondent has been impleaded accepting her claim that she is having an interest in the property in question and she has filed an counter affidavit to which the petitioner has filed a reply affidavit. 2. We have gone through the affidavit, counter affidavit and the reply affidavit. We have heard the learned counsel W. P. C. No.12938 of 2011 -2- for the petitioner, the learned counsel for the additional 13th respondent and the learned Government Pleader. According to the learned Government Pleader as per instructions received from the police officials concerned, there is no threat to the life of the petitioner. Though the petitioner to begin with was residing in a house situated on the property as permitted by the owner, she no longer resides in the said house. The petitioner published a pamphlet containing certain defamatory remarks about respondents 5 to 12 who are local activists of the CPM and the petitioner apprehends some action by those respondents against the petitioner. According to the police, the present Writ Petition has been filed without any justifiable reason in view of such apprehension. 3. The learned counsel for the petitioner, however, would make submissions on the basis of the averments in the Writ Petition and the reply affidavit. According to the W. P. C. No.12938 of 2011 -3- learned counsel, there is a real and subsisting threat to the lives of the petitioner, her family members and her employees. The petitioner was made as a party by the additional R13 in certain litigations which were initiated by additional R13. The petitioner's locus standi to get involved in legal proceedings in respect of the properties cannot be questioned by anybody as admittedly the petitioner is residing in the building on the property. 4. Sri.R.T.Pradeep, the learned counsel for the contesting additional respondent No.13 would oppose all the submissions of the learned counsel for the petitioner. According to him, the petitioner no longer resides in the building on the property. In fact that building and the property has now been sold by the petitioner to one Sri.Saji P. John. It is without any basis that frivolous allegations have been leveled in this Writ Petition. 5. Having considered the rival submissions addressed W. P. C. No.12938 of 2011 -4- at the Bar, we are not convinced that any case is made out by the petitioner for rendition of police protection to her life or to the lives of her family members. We decline relief. However, we direct the 4th respondent that if in future any petition is received from the petitioner complaining of any threat from respondents 5 to 12 or anybody to her life, appropriate action shall be taken immediately without being influenced by this judgment declining relief. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-