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 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29187 of 2011(W) ------------------------------------- PETITIONER(S): ---------------------- 1. KOMALAN, CHIRAKONATH PUTHEN VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT. 2. SHERLY, W/O.KOMALAN, CHIRAKONATH PUTHEN VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SMT.N.V.SANDHYA SRI.D.KESAVAN NAIR RESPONDENT(S): ----------------------- 1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001 2. THE SUPERINTENDENT OF POLICE, KOTTARAKKARA, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE POLICE STATION, EZHUKONE - 691505. 4. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM - 691505. 5. HARIKUMAR, KESAVIYAM, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM - 691505. 6. SREEDHARAN, SREEMANDIRAM, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM - 691505. -2- 7. ABILASH, SREVAS VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM - 691505. 8. SIMLASANAN, OTTAPLAVILA VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 9. VINOD, OTTAPLAVILA VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 10. SHEELA, OTTAPLAVILA VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 11. DAS, CHIRAKONATH THAZHATHATIL VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 12. SURESH, S/O.DAS, THAZHATHATIL VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 13. KARUNAKARAN, THAZHATHATIL VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 14. SATHEESH, S/O.KARUNAKARAN, THAZHATHATIL VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 15. SHYLA, CHIRAKONATHU VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. 16. MINI, SUNIL BHAVAN, EZHUKONE VILLAGE, KOLLAM - 691505. 17. VINOD, OTTAPLAVILA VEEDU, EZHUKONE VILLAGE, KOLLAM - 691505. BY GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 29187 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS : EXT.P-1 TRUE COPY OF THE JUDGEMENT DATED 25/2/2002 IN O.S.123/2000 BEFORE THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P-2 TRUE COPY OF THE DECREE DATED 25/2/2002 IN O.S.123/2000 BEFORE THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P-3 TRUE COPY OF EXECUTION PETITION E.P.59/11 DATED 26/9/2011 IN O.S.123/2000 BEFORE THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P-4 TRUE COPY OF THE MAHAZAR DATED NIL SUBMITTED BY THE COMMISSIONER IN O.S.123/2000 BEFORE THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P-5 TRUE COPY OF THE REPRESENTATION DATED 21/9/2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P-6 TRUE COPY OF THE COMMUNICATION DATED NIL ADDRESSED TO THE DEPUTY SUPERINTENDENT OF POLICE, KOTTARAKKARA. EXT.P-7 TRUE COPY OF THE COMMUNICATION DATED NIL ADDRESSED TO THE 3RD RESPONDENT. EXT.P-8 TRUE COPY OF THE COMMUNICATION DATED 18/9/2011 ADDRESSED TO THE 4TH RESPONDENT. EXT.P-9 TRUE COPY OF CRIME NO.821/2011 DATED 19/9/2011 REGISTERED IN THE EZHUKONE POLICE STATION. EXT.P-10 TRUE COPY OF CRIME NO.910/2011 DATED 16/10/2011 REGISTERED IN THE EZHUKONE POLICE STATION. EXT.P-11 TRUE COPY OF THE REPRESENTATION DATED 12/10/2011 BEFORE THE SUPERINTENDENT OF POLICE, KOTTARAKKARA. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 29187 OF 2011 ------------------------ Dated this the 3rd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners have approached this court seeking protection for their lives as well as for their children's lives. They also seek protection for preserving their property in Ezhukone Village. As for the question of granting protection for the property, we find that the dispute between the petitioner and the party respondents 5 to 7 in respect of the property is already before the Civil Court. We are told that a decree has been passed in favour of the petitioner for permanent prohibitory injunction. The petitioner has already filed an execution petition Ext.P3. It is always open to the petitioner to seek appropriate reliefs in respect of the property by way of enforcement of the decree or otherwise from the Execution Court itself. 2. Coming to the question of granting protection for the persons of the petitioners and their family members, materials WPC.No.29187/2011 2 placed on record will show that relationship between the petitioners and the party respondents have been strained to such an extent that there is a every likelihood of the law and order situations arising. It is seen that on the basis of a previous incident, the police have registered a crime. Ext.P11 representation submitted by the petitioners before the Superintendent of Police, Kottarakkara is said to be the last petition which the petitioners filed. We are of the view that in the nature of the relief which is being given to the petitioners, the same can be granted even without issuing notice to the party respondents. We dispose of this writ petition in the following terms; The 2nd respondent will immediately take up Ext.P11. He will conduct an enquiry into Ext.P11 either directly or through any subordinate police officers authorised by him. If the enquiry so conducted reveals that the petitioners' apprehension that there is threat of danger to their lives and limbs or to the lives and limbs of their children from the part of the party respondents is true, it will be the obligation of respondents 2 to 4 to take appropriate steps for protecting the lives and limbs of not only WPC.No.29187/2011 3 the petitioners but also of their children. It is needless to mention that enquiry and the decision pursuant to this judgment shall be conducted/taken by the 2nd respondent at his earliest and at any rate within two weeks of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk