IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32838 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- 1. REJI.P.S, AGED 38 YRS,S/O.KARUNAKARAN, THEKKUMKATTIL HOUSE,KARIMPANAKUZHY, PATHANAMTHITTA P.O., PATHANAMTHITTA-689 645. 2. SREELA, W/O.REJI,AGED 33 YRS, THEKKUMKATTIL HOUSE, KARIMPANAKUZHY, PATHANAMTHITTA P.O., PATHANAMTHITTA-689 645. BY ADV. SRI.K.V.SABU RESPONDENT(S): -------------------- 1. DEPUTY SUPERINTENDENT OF POLICE,PATHANAMTHITTA-689 645. 2. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION-689 645. 3. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION-689 645. 4. SUDHEER, S/O.GANGADHARAN,AGED 35 YRS., GANGALAYAM, THAZHE VETTIPPURAM, PATHANAMTHITTA P.O-689 645. 5. BHARATHAN, S/O.VASU, AGED 38, CHIRAPURATH VEEDU, THAZHE VETTIPPURAM, PATHANAMTHITTA PO-689 645. 6. PRADEEP, S/O.SUDHAKARAN, AGED 28 YRS., NIRAVEL HOUSE, THAZHE VETTIPPURAM, PATHANAMTHITTA PO-689 645. R1 TO R3 BY STATE ATTORNEY R4-6 BY ADV. SRI.V.PHILIP MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32838/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DATED 03.12.11 RECORDED BY THE POLICE CONSTABLE. P2: COPY OF THE FIR. P3: PHOTOGRAPH OF THE DAMAGE CAUSED TO THE PETITIONER'S VEHICLE BEARING NO.KL.03.T.414. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32838 OF 2011 ------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The learned counsel for the party respondents sought for time to file a counter affidavit. We are not inclined to grant time in view of the submission of Sri.M.K.Aboobacker learned senior Government Pleader that the police have already registered a crime, as Crime No. 1038/2011 of Pathanamthitta police station. The above crime is under investigation. 2. Under the above circumstances, we dispose of this writ petition issuing the following directions; i). The 3rd respondent, who is investigating the crime NO.1038/2011, is directed to conduct a very sincere and thorough investigation and to file a final report or paper report, as the case may be, before the competent court at the earliest. ii). We also direct the 3rd respondent to keep constant vigil over the petitioners and the party respondents and to ensure that the dispute between them do not give rise to any law and order situation or violence. iii), As regards the complaint of the petitioners that the W.P.(C) No. 32838 /2011 2 first petitioner, who is the husband of the 2nd petitioner, is not being permitted to enter into his tharawad house, we direct the 3rd respondent to conduct an enquiry. As part of the enquiry, the 3rd respondent can summon or meet respondents 4 to 6. If enquiry reveals that the first petitioner's entry into his tharawad house is being obstructed without any justifiable reason, the 3rd respondent will ensure that the first respondent and his wife should be able to enter peacefully into his tharawad house. We record the submissions of Sri.K.V.Sabu that the petitioners have absolutely no intention to convert anybody into Christianity. We also record the assertion of the petitioners through Adv.Sabu that they continue to be Hindus. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32838 /2011 3