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W.P. (C) No. 37440 of 2010 - Subhadra Antharjanam Vs. Circle Inspector of Police

posted Jan 2, 2012, 3:16 AM by Kerala Law Reporter   [ updated Jan 5, 2012, 5:01 AM ]

IN THE HIGH COURT OF KERALA AT ERNAKULAM 
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN 
The Hon'ble MR. Justice P.S.GOPINATHAN 
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W.P(C).No.37440 OF 2010 (D)
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Dated this the 3rd day of January, 2011

1. SUBHADRA ANTHARJANAM, AGE 70, ... Petitioner

Vs

1. THE CIRCLE INSPECTOR OF POLICE, ... Respondent

2. THE SUB INSPECTOR OF POLICE,

3. S.S.SUBRAMANIAM POTTI, ROHINI MADAM,

4. RADHAMANI,

5. VENKATESHWARAN POTTI,

For Petitioner :SRI.SHAJIN S.HAMEED 

For Respondent :SRI.M.SREEKUMAR JUDGMENT

Thottathil B.Radhakrishnan, J.

1.Read order dated 20.12.2010. In terms of that order, the private respondents are present. Learned counsel for the petitioner submits that his client is sick and unable to travel from Trivandrum to Ernakulam and hence not appeared today.

2.Heard learned counsel on both sides.

3.The petitioner is the mother of the third respondent. The 4th respondent is the third respondent's wife and the 5th respondent is his brother-in-law. Under Ext.P1, the petitioner has right of residence in an item of property and building. She apprehends that she will be thrown out of possession from that building. The private respondents submit through their counsel that they undertake that they will not throw the petitioner out of possession or involve in any unlawful activity .affecting her residence in terms of Ext.P1 document. This submission is recorded as an undertaking. If there is any violation of the right to life of the petitioner or threat to her peaceful life, any complaint in that regard by the petitioner will be looked into by respondents 1 and 2 and the petitioner will be afforded sufficient protection for her life. If there is any other controversy regarding title to the property, it is for the parties to seek remedy from the civil court. The writ petition is ordered accordingly. 

Sd/-

THOTTATHIL B.RADHAKRISHNAN,

Judge.

Sd/-

P.S.GOPINATHAN,

Judge.

kkb.5/1.


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