BINDHU @ LATHIKA Vs. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT

JUDGEMENT

(1.) PETITIONERS have approached this court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioners is as follows: The 1st petitioner is a widow residing in a rented house along with her old and bed ridden father aged 70 years, namely, the 2nd petitioner and her daughter, the third petitioner. The 4th respondent is the brother of the 1st petitioner. The petitioners are facing constant threats to their life and property from the 4th respondent. The 4th respondent was in Mumbai for a pretty long time and was not looking after the parents. The 1st petitioner purchased 15 cents of property from the mother and constructed a small house. Ext.P1 is the document. The 4th respondent demanding more money from the parents. He started creating problems. The first petitioner filed suit, O.S.No.1317 of 2010 before the Munsiff Court, Thrissur and obtained an injunction order against the 4th respondent restraining him and his men from trespassing into the plaint schedule property, committing any act of waste over the plaint schedule property or in any way interfere with the peaceful possession and enjoyment of the property. Ext.P2 is the copy of the injunction order. Despite the injunction order the 4th respondent continued his threats. Ext.P4 is the FIR registered on the basis of the complaint. Thereafter the petitioners were forced to leave the house temporarily and shifted their residence to another place in a rented house. The possession of the property continues with the 1st petitioner. The 2nd petitioner is aged 70 years and a rheumatic and cardiac patient. Ext.P5 is the order passed by the Maintenance Tribunal, Thrissur under the Maintenance and Welfare of Parents and Senior Citizens Act.

(3.) WE heard learned counsel for the petitioners, learned counsel for the 4th respondent and the learned Government Pleader for respondents 1 to 3.