Bhavani Raman vs The Superintendent of Police and Others

K.M. Joseph, J.—The petitioner has approached this Court seeking the following reliefs:

i) issue a writ of mandamus or any other appropriate writ or order or direction directing respondents 1 to 3 to provide adequate and effective police protection to the life and properties of the petitioner and her aged husband against respondents 4 to 6 with immediate effect.

ii) issue a writ of mandamus or any other appropriate writ order or direction directing respondents 1 to 3 to take immediate action on the complaints submitted by the petitioner and to proceed against the accused in accordance with law.

Briefly the case of the petitioner is as follows. The petitioner is a Senior Citizen residing with her aged husband at her tharvad building. She had obtained 3.32 acres of land from her father. She had executed a Gift Deed in favour of her sons and daughters by giving proportionate extent of land and 30 cents of land with the tharvad building was left in her name, where she along with her husband is residing. The 4th respondent, who is the younger son of the petitioner, is harassing the petitioner demanding the balance property and the tharvad building. He started mental and physical harassment towards the petitioner and her husband. There is threat to the lives of the petitioner and her husband.

This Court had already passed an interim order directing the third respondent to give protection to the life of the petitioner.

The petitioner has filed I.A. No. 10567 of 2010 producing Ext.P6, which is a copy of the order passed by the Additional District Court, Kottayam in A.S. No. 402 of 2009 permitting the petitioner to cut and remove the trees. The prayer in the I.A. is to afford protection to cut and remove the trees with immediate effect.

We heard learned Counsel for the petitioner, learned Counsel for the 4th respondent as also the learned Government Pleader.

We dispose of the Writ Petition by making the interim order absolute. As far as the prayer in I.A.10567 of 2010, we relegate the petitioner to approach the Additional District Court, Kottayam, which has passed Ext.P6 order, for appropriate orders, if there is obstruction from respondents 4 to 6.