IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20901 of 2011(K) -------------------------------- PETITIONER(S): ----------------- SUSHAMA C.N., AGED 53, W/O.LATE VIJAYAKUMAR, CHENGAZHASSERIL, MUTTAMBALAM, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------- 1. SHERLY KRISHNADAS, AGED 50, W/O. KRISHNADAS, RESIDING AT 'MAHIMAYIL' HOUSE, MUTTAMBALAM KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, PIN-686 004. 2. M.SARAVANAN, (DOOR NO.67 RAMAMOORTHY NAGAR, AATHEN VATTAM, KALPOOR POST, SALEM), NOW RESIDING AT CHENGAZHASSERIL HOUSE, MUTTAMBALAM, KOTTAYAM-686 004. 3. PRASAD, RESIDING AT CHENGAZHASSERIL HOUSE, MUTTAMBALAM, KOTTAYAM-686 004. 4. SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM-686 001. 5. SUPERINTENDENT OF POLICE, KOTTAYAM, OFFICE OF THE SUPERINTENDENT OF POLICE, KOTTAYAM-686 001. ADV. SRI.P.C.HARIDAS FOR R1 -3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20901 of 2011(K) APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE JUDGMENT IN O.S.320/07 BEFORE THE ADDL. MUNSIFF'S COURT, KOTTAYAM. EXT.P2:- PHOTOCOPY OF THE JUDGMENT DT.08/07/11 IN AS NO.203/09 BEFORE THE DISTRICT COURT, KOTTAYAM. EXT.P3:- PHOTOCOPY OF THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM. EXT.P4:- PHOTOCOPY OF THE FIR IN CRIME NO.444/11 REGISTERED BY THE KOTTAYAM EAST POLICE STATION. EXT.P5:- PHOTOCOPY OF FIR NO.494/11 OF KOTTAYAM EAST POLICE STATION. EXT.P6:- PHOTOCOPY OF THE FIRST IN CRIME NO.596/11 OF THE KOTTAYAM EAST POLICE STATION. EXT.P7:- PHOTOGRAPH SHOWING THE DAMAGE CAUSED TO THE PETITIONER'S HOUSE BY RESPONDENTS 1 TO 3. EXT.P8:- PHOTOCOPY OF THE PETITION FOR POLICE PROTECTION SUBMITTED BY THE PETITIONER ON 12/07/11 IS SUBMITTED BY THE PETITIONER ON 12/07/11. EXT.P8(a):- THE RECEIPT SHOWING THE SUBMISSION P7 PETITION BEFORE THE 4TH RESPONDENT. EXT.P9:- PHOTOCOPY OF THE PETITION SUBMITTED BEFORE THE 4TH RESPONDENT/SI OF POLICE, KOTTAYAM EAST POLICE STATION. EXT.P9(a):- THE RECEIPT DATED 23/07/11 ISSUED FROM KOTTAYAM EAST POLICE STATION SHOWING THE SUBMISSION OF P8 PETITION. EXT.P10:- PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE ON 20/05/11. EXT.P11:- PHOTOCOPY OF THE COMPLAINT FILD BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE ON 11/07/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20901 of 2011 ------------------------------------------------ Dated this the 9th day of August, 2011 JUDGMENT Abdul Rehim, J The petitioner is a widow residing in the address given above along with her son who is employed at Ernakulam. It is admitted that at times the petitioner is also residing at Kollam, in her parental house. The property wherein the petitioner is residing was settled in her favour in the year, 2001 by her mother. The first respondent is the sister of the petitioner. She was abroad along with her husband for a long period. Thereafter she came back to Kottayam and settled there. Respondent Nos.2 and 3 are tenants occupying a portion of the residence wherein the petitioner is residing. There was some civil dispute between the petitioner and the first respondent with respect to right over the property. It is W. P. C. No.20901 of 2011 -2- stated that O.S.320/07 on the files of the Additional Munsiff's Court, Kottayam was disposed of along with a counter claim filed by the petitioner settling the rights and title over the property in favour of the petitioner. The appeal suit filed by the first respondent was also dismissed. 2. Grievance of the petitioner is that now the first respondent with the aid of respondents 2 and 3 is causing disturbance, threat and danger to the life of the petitioner, and that they are making attempts to forcibly evict her from the property in question. It is complained that the respondents 1 to 3 have trespassed into the house of the petitioner and caused assault on her on different occasions, with respect to which Exts.P4 to P6 criminal cases were registered against them. Since there is constant threat to the life, personal liberty and property of the petitioner, she had approached the police authorities through Exts.P8 and P9 petition. Since no effective steps were taken, this Writ W. P. C. No.20901 of 2011 -3- Petition is filed. 3. Counsel appearing for respondents 1 to 3 submitted that a counter affidavit has been filed by the first respondent, copy of which is made available for our perusal. We notice that, it is specifically averred that the respondents 1 to 3 have no intention to cause any danger to the life of the petitioner. Contention of the respondents is that they are law abiding and God fearing persons and will not do any act of violence or threat to the life of the petitioner. Learned counsel Sri.P.C.Haridas appearing on behalf of the respondents 1 to 3 made an undertaking before this Court that the respondents 1 to 3 will not create any threat, nuisance or disturbance to the peaceful life of the petitioner in the building in question. We record this submission. 4. However, learned counsel for the respondents submitted that under the guise of the order of police protection, the petitioner may attempt to evict respondents W. P. C. No.20901 of 2011 -4- 2 and 3 who are tenants residing in the building. Learned counsel for the petitioner on the other hand submitted that respondents 2 and 3 will not be evicted unless recourse through due process of law. 5. In view of the undertaking made by respondents 1 to 3, we are of the opinion that there need not be any specific direction for police protection. However, we dispose of this Writ Petition directing the 4th respondent to have constant vigil over the situation and if any information is received regarding any threat, disturbance or harassment to the life of the petitioner, necessary actions shall be taken to avert such situation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.20901 of 2011 -5-