IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33838 of 2010(D)
1. SUBAIDA, W/O.BASHEER,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE, CHERPU,
... Respondent
2. VASUDEVAN, MEPPARAMBIL HOUSE,
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SRI.K.A.SREEJITH
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :10/01/2011
O R D E R
R.BASANT &
K. SURENDRA MOHAN, JJ.
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W.P(C) NO: 33838 OF 2010 D
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Dated this the 10th January, 2011.
JUDGMENT
Basant, J.
The petitioner has come to this Court for issue of directions
under Art.226 of the Constitution to afford police protection to
the petitioner and her family. She evidently has a property
dispute with the second respondent, a neighbour. The second
respondent neighbour, it is alleged threatens the petitioner and
her daughter. The petitioner apprehends that the daughter of
the petitioner would be raped and indecently assaulted by the
second respondent. The petitioner prays for issue of directions
under Art.226 to afford protection to the life and person of the
petitioner and her daughter.
2. The second respondent has been served. He has not
chosen to enter appearance before this Court. Learned Govt.
Pleader after taking instructions submits that the police do not
want to interfere in the property dispute.
3. Learned counsel for the petitioner fairly submits that the
petitioner does not require the assistance of the police to resolve
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the boundary dispute. The petitioner shall take necessary steps
in accordance with law if necessary to get such property dispute
resolved. But she prays that appropriate directions may be
issued to ensure the physical and personal safety of the
petitioner and her daughter.
4. The learned Govt. Pleader submits that in the perception
of the first respondent there is no threat to the life or person of
the petitioner and her daughter. If there be any such threat, the
first respondent shall take necessary action. The petitioner or
her daughter may bring to the notice of the first respondent
specific instances of any such threat and if there are any
complaints of genuine threat needless to say that the first
respondent is bound to and shall take necessary action to abate
such threat/culpable conduct. The learned Govt. Pleader in
these circumstances submits that no further directions are
necessary.
5. We record the submission of the learned Govt. Pleader.
We are satisfied that no further or more specific directions need
be issued. We accept the submission of the learned Govt.
Pleader on behalf of the first respondent that specific action
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shall be taken if there be any threat to the life or person of the
petitioner or her daughter.
6. Accepting the said submission of the learned Govt.
Pleader this writ petition is dismissed.
R.BASANT
Judge
K. SURENDRA MOHAN
Judge
jj
WPC 33838/2010 4