IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 29474 of 2008(H) -------------------------- PETITIONERS: --------------- 1. PAILAPPAN, S/O. PARANCHAPPAN, AGED 73, CHIRAYANKANDATH CHERAYANKANDATHU, VENGILISSERY DESAM VECHUR VILLAGE, THISSUR DISTRICT. 2. RAHEL W/O. PAILLAPPAN, CHIRAYANKANDATH CHERAYANKANDATHU, VENGILISSERY DESAM, VECHUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.KRISHNAKUMAR SRI.LITTO VARGHESE PALATHINKAL RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. C.I. OF POLICE, VADAKKANCHERRY, THRISSUR. 3. S.I. OF POLICE ERUMAPPETTY POLICE STATION, THRISSUR DIST. 4. EDWIN S/O. PAILAPPAN, AGED CHIRAYANKANDATH, CHERAYANKANDATHU, VENGILISSERY DESAM, VECHUR VILLAGE, THRISSUR DISTICT. ADV. SRI.NAGARAJ NARAYANAN FOR R4 SRI.SAIJO HASSAN FOR R4 GOVT.PLEADER, SRI. BENJAMIN PAUL FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29474/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE RELEVANT ENTRY DT.10.9.2007 IN REGISTER OF PETITIONS OF ERUMAPPETTY POLICE STATION. EXT.P2: COPY OF THE SETTLEMENT ARRIVE ON 11.09.2007 BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMPLAINT DT.15.9.2008 PREFERRED BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE PETITION DT.26.9.2008 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE LAWYER NOTICE DT.25.10.2007. EXT.R4(b): COPY OF THE REPLY NOTICE DT. NIL //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.29474 OF 2008 ---------------------------------------- Dated this the 26th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are the parents of the 4th respondent. They submit, they are constrained to approach this Court in view of the threat to their life from the part of the 4th respondent. In this writ petition, they have narrated certain instances, where the said respondent tried to physically harm them. They submit, though they moved before the police, no effective action was taken. Hence, this writ petition seeking appropriate reliefs. 2. The 4th respondent has filed a counter affidavit, stating that he was working in the gulf and all his earnings were sent to his parents and they have mis-utilised it. His wife was harassed by them to compel her to bring more dowry, when he was away, it is submitted. 3. The petitioners have filed a reply affidavit denying the allegations of the 4th respondent. They pointed out that the 4th respondent has not controverted their pleadings in the writ W.P.(C) No.29474/2008 2 petition concerning the actions of the said respondent to physically harm them. 4. The learned Government Pleader, upon instructions, submitted that the police strictly warned the 4th respondent not to harass the petitioners. At present, the petitioners are staying in a different building. If requested, the police will extend necessary protection to the petitioners, it is submitted. 5. If there is any threat to the lives of the petitioners, from the part of 4th respondent, they may inform the 3rd respondent. In that event, the 3rd respondent shall render necessary protection to their lives. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps