IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 32135 of 2008(A) -------------------------------------- PETITIONER(S): ---------------------- USHA VIJAYAN, W/O. LATE R.VIJAYAKUMAR, THEKKE ODAMKUZHY VEEDU, T.C. 18/1972 (12), MANKADU, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): ------------------------- 1. VIJAYA BABU, S/O. DASAN NADAR, PUTHEN VEEDU, O.R.A. NO.1-222, THEKKE ODAMKUZHY VEEDU, MANKADU, THIRUMALA,THIRUVANATHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 4. S.I. OF POLICE, POOJAPPURA POLICE STATION, THIRUVANATHAPURAM. GOVERNMENT PLEADER SRI.SALIM P.A. FOR R2 TO R4 ADV. SRI.LATHEESH SEBASTIAN FOR R1 SRI.M.FATHAHUDEEN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 32135/2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DATED 25/04/2008 EXECUTED BY THE PETITIONER IN FAVOUR OF THE 1ST RESPONDENT. EXT.P2: COPY OF THE COMPLAINT DATED 21/06/2008 FILED BEFORE THE 4TH RESPONDENT. EXT.P3: COPY OF THE RECEIPT DATED 21/06/2008. EXT.P4: COPY OF THE INJUNCTION ORDER DATED 11/07/2008 IN I.A. NO.5653/08 IN O.S.NO.1247/08 PASSED BY THE PRINCIPLE MUNSIFF COURT, THIRUVANANTHAPURAM. EXT.P5: COPY OF THE COMPLAINT DATED 26/07/2008 SUBMITTED BEFORE THE 4TH RESPONDENT C.I. OF POLICE AND MUSEUM POLICE STATION. EXT.P6: COPY OF THE COMPLAINT DATED 26/07/2008 SUBMITTED BEFORE THE 4TH RESPONDENT C.I. OF POLICE AND MUSEUM POLICE STATION. EXT.P7: COPY OF THE COMPLAINT SLIP DATED 26/07/2008 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT. EXT.P8: COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT ON 31/07/2008. EXT.P9: COPY OF THE COMPLAINT DATED 07/08/2008 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P10: COPY OF THE PRIVATE COMPLAINT FILED BEFORE THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXT.P11: COPY OF THE COMPLAINT DATED 27/09/2008 FILED BEFORE THE 3RD RESPONDENT. EXT.P12: COPY OF THE COMPLAINT SLIP ISSUED BY THE 3RD RESPONDENT. EXT.P13: COPY OF THE WATER BILL NO.153607 DATED 03/03/2008. EXT.P14: COPY OF THE WATER BILL NO.468404 DATED 02/07/2008. EXT.P15: COPY OF THE COMPLAINT DATED 08/11/2008 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE PETITION IN RCP NO.58/08 OF RENT CONTROL COURT, THIRUVANANTHAPURAM. EXT.R1(b): COPY OF THE EXECUTION PETITION. EXT.R1(c): COPY OF THE COMPLAINT FILED AGAINST THE PETITIONER'S ELDER SON BEFORE THE 4TH RESPONDENT . //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 32135 OF 2008 ============================ DATED THIS THE 18th DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The writ petitioner is a tenant occupying the first floor of a building owned by the first respondent. The petitioner is a widow with two children. There is a case between the first respondent and the tenant of the ground floor of the building. The first respondent wanted the petitioner to be a witness in that case. Since she refused to oblige, the first respondent is physically threatening and harassing the petitioner repeatedly, it is submitted. Though the petitioner moved the police, they are not taking any effective steps. So, this writ petition is filed seeking protection to her life and her children. 2. The first respondent has filed a counter affidavit denying all the allegations against him. He submits, he has already filed a Rent Control Petition against the writ petitioner. The Rent WPC.32135/2008 -2- Control Court has already ordered eviction of the tenant of the ground floor. The petitioner is an Advocate Clerk and she is in the habit of filing petitions before various authorities and there is not an iota of truth to prove her allegations, it is submitted. The first respondent submitted that he has no intention whatsoever to get the petitioner evicted by show of force or violence. He will take recourse to the remedies available under law to evict her, it is submitted. 3. We heard the learned Government Pleader for official respondents also. 4. The petitioner in answer submitted that even after the undertaking given by the first respondent before this Court on 5-11-2008, he has tried to harass her. But the learned counsel for the petitioner denies those allegations. 5. We record the submission of the first respondent that he will not abuse or manhandle the petitioner or try to evict her using show of force. He will take recourse only to the statutory forums provided under law. If there is any physical threat or violence against the petitioner from the part of the first respondent, she can bring it to the notice of the 4th respondent. WPC.32135/2008 -3- In that event, the 4th respondent shall enquire into the same and take necessary action to give protection to her as the occasion demands. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.