High CourtsDivision Bench(2010) 07 KL CK 0086

Graceamma Thomas vs The Commissioner of Police, Sreedevi, Saraswathy Amma and Komalam

High Court Of Kerala · Decided on 12 July 2010

HON’BLE JUDGES
M.L. Joseph Francis, J · K.M. Joseph, J
CASE NUMBER
Writ Petition (C) No. 14197 of 2010 (Y)

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Judgment

4 paragraphs · 281 words

K.M. Joseph, J.—Petitioner seeks the following relief:

to issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the 1st respondent to afford adequate and effective police protection to the life of the petitioner, enabling her to do the maintenance work with her workers in the building bearing No. TC 50/822-9 and also to complete the compound wall in Sy. No. 3541/1-1 of Manacaud Village.

2.

A counter affidavit has been filed by respondents 2 to 4.

3.

We heard the learned Counsel for the petitioner, learned Counsel for the party respondents and also the learned Government Pleader. After hearing them we do not think that it is an appropriate case for exercise of jurisdiction under Article 226. Learned Counsel for the petitioner expressed apprehension about threat to life. Learned Counsel for respondents 2 to 4 would categorically submit before us that respondents 2 to 4 have no intention to cause any threat to the life of the petitioner. We record the same and relegate the petitioner to pursue the remedies open to her in the appropriate forum. If there is any threat to the life of the petitioner from respondents 2 to 4 petitioner will be free to approach the police. Further, if the petitioner complains about commission of any cognizable offence by respondents 2 to 4 action shall be taken in accordance with law. We make it very clear that we have not pronounced on the property rights of the parties. The Court/forum before whom any matter comes between the petitioner and respondents 2 to 4 shall be free to pronounce in regard to the same untrammeled by anything contained in this judgment.