V. RABHEL Vs. DISTRICT COLLECTOR, KANYAKUMARI DISTRICT

JUDGEMENT

(1.) BY consent of all the parties, the writ petition is taken up for disposal.

(2.) THE father of nine children, whose house has been used for burial of a victim daughter-in-law, has come before this Court for a mandamus to direct the respondents 3 and 4 to provide police protection to live in his house and for a consequential direction to the respondents 1,2,4 and 5 to remove the dead body immediately.

(3.) THE Revenue Divisional Officer of Padmanabhapuram Range, Kanyakumari District, who is the second respondent herein, has filed a counter to the effect that on 05.12.2011, Kavitha was alleged to be murdered by Sasi @ Sasikumar, son of the petitioner herein, aged 29 years for pecuniary gains and the body of the victim was found abandoned near Beemanagarai within Aralvaimozhi Police Station limit and a case was also registered in Crime No.817 of 2011 for offences under Sections 302 and 379 IPC on the file of the Aralvaimozhi police station and the same is under investigation. In connection with the criminal case, the family members of the petitioner were taken to the police station for enquiry and the murder of the deceased Kavitha evoked adverse public opinion against the family members of the petitioner. As a repercussion to the ghastly murder of Kavitha, the villagers assembled at the house of the petitioner with the dead body and entered into the house of the petitioner and buried the same in the house of the petitioner and constructed a cemetery. However, the above incident was not taken to the notice of the respondents immediately. On 02.12.2011, the petitioner preferred a representation seeking police protection to his family members and requested action to disinter the dead body of the deceased and bury it away from the residential area. In this regard, suitable direction were issued to the Inspector of Police, Karungal Police Station, Block Development Officer, Kiliyoor and Tahsildar, Vilavancode, to conduct talks with the concerned parties, identify alternate site for burial of the body and settle the matter amicably.