S INDUMATHY THANKACHI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of directions to respondents 1 to 3 to afford police protection to her against contumacious, culpable, wanton and violent acts of respondents 4 to 6.

(2.) THE petitioner claims to be residing in a residential building in a property, which belongs to 7 sharers. Some of the sharers are not alive and their legal heirs have stepped into the shoes of those sharers. Parties went to civil court. A preliminary decree for partition has already been passed and an application for passing a final decree for partition is pending. According to the petitioner, she is in exclusive occupation of the building in the property ordered to be partitioned. She contends that respondents 4 to 6, admittedly sharers and parties to the pending partition suit, have trespassed into the property and had assaulted/attacked the petitioner and her children. THE learned counsel for the petitioner submits that the petitioner is not seeking any relief in respect of the property, but her person and life may be ordered to be protected. This in short is the plea.

(3.) THE learned Government Pleader submits that it is true that a crime has been registered. But that crime was registered when a private complaint filed by the petitioner was referred to the police under Section 156(3) Cr.P.C. If there be any threat to the life or person of the petitioner or respondents 4 to 6, appropriate action shall be taken by the police. No specific directions are necessary, in these circumstances, submits the learned Government Pleader.