High Court Kerala High Court

Saraswathy vs The Deputy Superintendent Of … on 3 December, 2010

Kerala High Court
Saraswathy vs The Deputy Superintendent Of … on 3 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34772 of 2010(V)


1. SARASWATHY, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. THE DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. SUNI, S/O.SADANANDA PANICKER,

5. REEJA, W/O.SUNI,

6. SOMAN NAIR, SREEDEVI VILASOM,

7. SREEDEVI, W/O.SOMAN NAIR,

8. ANIL KUMAR @ KUWAIT ANI,

9. ANIL, S/O.MADHAVAN PILLAI,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :03/12/2010

 O R D E R
              K.M.JOSEPH & M.C.HARI RANI, JJ.
        ------------------------------------------------------
                 W.P.(C) No.34772 of 2010-V
           ----------------------------------------------
          Dated, this the 3rd day of December, 2010

                         J U D G M E N T

K.M.Joseph, J.

Petitioner has approached this Court seeking the

following relief:

” to issue a writ of mandamus or any other appropriate

writ, direction or order directing respondents 1 to 3 to

afford adequate and effective police protection to the life

of petitioner and her family from the acts of violence of

respondents 4 to 9.”

2. Briefly put, the case of the petitioner is as

follows: Petitioner is a senior citizen residing along with her

husband, son and daughter in a small house in an extent of 4

cents of property. Respondents 4 to 9 are perpetrating

systemic violence to drive the petitioner out of the property.

Two attempts were made on her life. Though complained of to

the police, no action was taken. Petitioner filed complaint

through court. Police is hand-in-glove with the contesting

respondents.

3. Learned Government Pleader was asked to file

WPC 34772/2010 -2-

statement. In the statement it is stated that on the basis of a

complaint before the Magistrate crime was registered (Crime

No.633/2010) and investigated. It was found false and a refer

report is filed. Further complaint has been received on

22.10.2010 and that enquiry is still going on and prima facie

there is no truth in the matter and that action will be taken in

accordance with law. We record the same. We also leave it

open to the petitioner to approach the civil Court if so advised

in the matter.

(K.M.JOSEPH)
JUDGE.

(M.C.HARI RANI)
JUDGE.

MS