KUTHIRAKKAL LATHA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners 1 and 2 are the daughters of the 3rd Petitioner. They are residing out side the State of Kerala. The 3rd Petitioner/father is a retired military personnel aged 71 years. They have come to this Court with this petition for issue of directions to the 1st Respondent to afford police protection against the culpable and contumacious acts on the part of Respondents 2 and 3 - a son and mother who own adjacent properties to the property of Petitioners 1 and 2.

(2.) There has been a long history of litigation. The Petitioners have now secured an order of injunction upholding their right of way through a pathway in the property of the father/husband of Respondents 2 and 3. The civil court has granted relief to the Petitioners. The Petitioners do not hence seek any relief in respect of the property from this Court now. But according to them, Respondents 2 and 3 are threatening and intimidating the 3rd Petitioner. He is not being permitted to enter the locality at all. It is, in these circumstances, that the Petitioners have come to this Court. Protection is claimed for the 3rd Petitioner alone; Petitioners 1 and 2 being not available in the State now.

(3.) Respondents 2 and 3 have entered appearance. It is submitted that the allegations are totally false. The 3rd Respondent does not reside in the adjacent property. The 2nd Respondent has already gone abroad. There is no intention whatsoever for Respondents 2 and 3 to indulge in any culpable and contumacious acts against the Petitioners. It is true that the first court has passed an order against Respondents 2 and 3; but an appeal is already filed. Respondents 2 and 3 and their father/ husband shall strictly comply with the orders of the civil court. They have no intention whatsoever to cause any obstruction or threat to the life and person of the Petitioners. This undertaking may be recorded and proceedings may be closed, submits the learned Counsel for Respondents 2 and 3.