IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9290 of 2011(I) ------------------------------------ PETITIONER(S): ----------------------- 1. M.M.MATHEW, AGED 73 YEARS, S/O.MATHAI, MANAPURATH HOUSE, THIRUVAMPADI AMSOM DESOM, THIRUVAMPADI POLICE STATION LIMIT, KOZHIKODE DISTRICT-673 603. 2. THRESSIAKUTTY MATHEW, AGED 64 YEARS, W/O.M.M.MATHEW, MANAPURATH HOUSE, THIRUVAMPADI AMSOM DESOM, THIRUVAMPADI POLICE STATION LIMIT, KOZHIKODE DISTRICT. 3. JIJI MATHEW, AGED 36 YEARS, D/O.M.M.MATHEW, MANAPURATH HOUSE, THIRUVAMPADI AMSOM DESOM, THIRUVAMPADI POLICE STATION LIMIT, KOZHIKODE DISTRICT. (PETITIONERS 1 & 2 REPRESENTED BY POWER OF ATTORNEY HOLDER SMT.JIJI MATHEW. BY ADV. SRI.JIJI MATHEW-PARTY IN PERSON RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, THIRUVAMPADY, KOZHIKODE DISTRICT-673 603. 2. SUPERINTENDENT OF POLICE (RURAL), PUTHUPPANAM, KOILANDI VIA, VADAKKARA P.O., KOZHIKODE DISTRICT-673 101. 3. K.V.VARGHESE, KUMBHAPALLIYIL HOUSE, PULLURAMPARA P.O., NELLIPOYIL AMSOM DESOM KODANCHERRY POLICE STATION LIMIT, KOZHIKODE DISTRICT-673 604. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2, R4 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R3 BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9290/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CASE SHEET DATED 22/2/2011 OF THE MEDICAL COLLEGE HOSPITAL, CALICUT ISSUED TO THE 3RD PETITIONER. P2 COPY OF THE COMPLAINT DFILED DATED 22/2/2011 BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT. P3 COPY OF THE REPRESENTATION DATED 28/2/2011 SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9290 of 2011 ------------------------------------------- Dated this the 4th April, 2011 JUDGMENT Basant, J. Petitioners are father, mother and daughter. They have come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2, police officials under the fourth respondent State to afford protection for them against culpable, illegal and violent conduct of respondent No.3. 2. Third petitioner has appeared in person before this Court. She has a lot of grievances against the third respondent. Third respondent had fabricated a document. On coming to know that, a civil suit has been filed and a civil dispute between the parties are pending. While so, the third respondent is indulging in violent, culpable and contumacious conduct against the petitioners. He had attacked petitioner No.3. Complaint was lodged before the police. Even thereafter the third respondent is repeating the threats. Police protection may be afforded to the petitioner against culpable conduct of the third respondent, WPC No.9290/2011 2 prays the third petitioner. 3. Respondent No.3 has entered appearance through counsel. The counsel denies all allegations that have been raised. False and vexatious allegations are being raised only to steal a march over the third respondent in the civil litigation which is pending. The third respondent has a lot of grievances against the third petitioner herein. It is unnecessary to advert to them in detail. The learned counsel for the third respondent submits that the third respondent has no intention of vexing or harassing the third petitioner or other petitioners. He shall not indulge in any such culpable conduct against the petitioners. This undertaking may be recorded. No specific directions under Article 226 of the Constitution are necessary in these circumstances, submits the learned counsel for the third respondent. 4. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that a complaint was received from the third petitioner. A crime was registered against the third respondent. Investigation is complete. Final report has already been filed. In the WPC No.9290/2011 3 perception of the police officials, there is no threat now to the life or person of the petitioners, but respondents 1 and 2 shall alertly ensure that there is no physical violence or threat of physical violence against the petitioners from the third respondent in future also. If there be any such threat, police shall take necessary action to abate such threat. The petitioners shall be at liberty to complain to respondents 1 and 2 against such culpable conduct or threat of culpable conduct, if any. Police shall immediately take prompt and effective action, submits the learned Government Pleader. 5. We have considered all the relevant circumstances. Petitioners 1 and 2 are an old couple. The third petitioner is a woman aged about 36 years. We take note of the conduct revealed from the registration of the crime and the filing of the final report by the police. We record and accept the submission of the learned counsel for the third respondent that the third respondent shall not indulge in any such violence. We record and accept the submission of the learned Government Pleader on behalf of respondents 1 and 2 that if there be any such threat, police shall take prompt action to abate such threat or violence against the WPC No.9290/2011 4 petitioner emanating from the third respondent. We are satisfied that appropriate directions can be issued. 6. In the result, a) This writ petition is allowed in part. b) We accept the submissions of the learned counsel for the third respondent and the learned Government Pleader on behalf of respondents 1 and 2. c) We direct that if there be any threat against the petitioners, the petitioners shall be at liberty to complain to the first respondent who shall take appropriate and necessary action as undertaken by the learned Government Pleader on behalf of respondents 1 and 2. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/