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 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 14907 of 2008(Y) -------------------------- PETITIONER: ------------ P. SHAINE, D/O. POOKKUTH AYYAPPAN, PAZHAYANNOOR, THIRUVILWAMALA, TRICHUR. BY ADV. SRI.S.MOHAMMED AL RAFI SHAHUL HAMEED RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, THRISSUR. 2. SUB INSPECTOR OF POLICE, PAZHAYANNOOR, THRISSUR. 3. A.N. RAVEENDRAN, S/O. RAMAN, AMBALAPPATTU NADUVILETHU VEETTIL, THEKKUMKARA, KUNDUKAD, THALAPPILLI, THRISSUR. BY ADV. SRI.P.RADHAKRISHNAN (1) FOR R.3 SRI.MADHU RADHAKRISHNAN FOR R.3 SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14907/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE NEWSPAPER REPORT REGARDING 3 MARRIAGES OF THE 3RD RESPONDENT AND MISAPPROPRIATION OF MONEY AND ORNAMENTS. EXT.P2 - TRUE COPY OF THE REPRESENTATION DATED 1.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 - TRUE COPY OF THE RELEVANT PAGE OF VOTERS LIST OF THEKKUMKARA GRAMA PANCHAYATH. EXT.P3(a) – TRUE COPY OF THE FIR IN CRIME NO.181/05 OF CHERPLASSERY POLICE STATION. EXT.P4 - TRUE COPY OF THE ORDER IN IA NO.1290/07 IN P.O.P.NO.19/07 DATED 5.7.2007 ISSUED BY THE COURT OF 1ST ADDITIONAL SUB JUDGE, THRISSUR. EXT.P5 - TRUE COPY OF THE BIRTH CERTIFICATE OF PETITIONER'S SON VISHNU DATED 20.4.1994. EXT.P6 - TRUE COPY OF CERTIFICATE DATED 27.5.2006 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER'S SON M.R.VISHNU. RESPONDENTS' EXTS. EXT.R3-1 – TRUE COPY OF THE SALE DEED 1153/2005. EXT.R3-2 - TRUE COPY OF THE POWER OF ATTORNEY DATED 28.5.2005 NO.112/2005 OF WADAKKANCHERY SRO. EXT.R3-3 – TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO.1592/2005 OF PAZHAYANNUR SUB REGISTRY. EXT.R3-4(a) – TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE INFORMATION OFFICER, WADAKKANCHERY SRO. EXT.R3-4(b) – A TRUE COPY OF THE LETTER WRITTEN BY THE INFORMATION OFFICER, WADAKKANCHERY SRO TO THE 3RD RESPONDENT. EXT.R3-5 – TRUE COPY OF THE CANCELLATION DEED 119/2005 OF WADAKKANCHERY SRO. EXT.R3-6 – TRUE COPY OF THE ORDER OF THE FAMILY COURT, THRISSUR IN OP 770/2005. EXT.R3-7 – TRUE COPY OF THE ORDER OF ATTACHMENT IN IA 1291/2007 IN POP 19/2007 OF THE THRISSUR SUB COURT. EXT.R3-8(a) – TRUE COPY OF THE NEWSPAPER REPORT IN DESHABHIMANI DAILY DATED 24.1.2008. EXT.R3-8(b) – TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 24.1.2008. WPC 14907/2008 EXT.R3-8(c) – TRUE COPY OF THE REPORT PUBLISHED IN DEEPIKA DATED 24.1.2008. ANNEXURE-R1(a) - TRUE COPY OF AGREEMENT DT.31.1.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.14907 OF 2008-Y ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner was a divorcee, who was living with her father and son. While so, pursuant to a newspaper advertisement, the petitioner married the 3rd respondent in the year 2004. Soon thereafter, the 3rd respondent was arrested, based on a complaint filed by a lady, whom he married some time back. It has come out in newspapers that he is in the habit of marrying women from time to time at various places. When the above allegations against the 3rd respondent came to light, the relationship between her and the said respondent became strained. The petitioner claims, her father has assigned a rubber estate having an extent of 5.6 acres to her and the 3rd respondent in connection with their marriage. It is submitted that the dispute between the petitioner and the 3rd respondent concerning the said rubber estate was amicably settled. While so, on 28.4.2008, the 3rd respondent came to the estate, committed theft of the agricultural produce, including rubber sheets. He also started harassing and WPC 14907/08 2 threatening the petitioner and her son. After the incident on 28.4.2008, the petitioner and her son are residing in the farm house in the said property. Feeling aggrieved by the actions of the 3rd respondent, including the threat held out to her and her son, the petitioner preferred Ext.P2 representation before the 1st respondent. Since the said respondent did not take any effective action, this Writ Petition is filed, seeking appropriate reliefs. 2. The 2nd respondent has filed a statement, stating that the allegations of the petitioner contained in Ext.P2 are unfounded. The 3rd respondent has filed a counter affidavit, denying all the allegations against him. According to the said respondent, the estate having an extent of 5.60 acres was purchased by him in the joint name of him and the petitioner and she has transferred it unauthorisedly. He has also moved the competent civil court to set aside the transfer effected by the petitioner and also to recover possession of the estate. 3. The petitioner has filed a reply affidavit, denying the averments of the 3rd respondent in his counter affidavit and also producing further materials in support of her contentions. 4. The cause of action for the petitioner to come to this Court is the alleged threat from the part of the 3rd respondent. But, the 3rd respondent, in his counter affidavit, has emphatically denied that and has further averred WPC 14907/08 3 that he has no intention, whatsoever, to threaten or harass the petitioner or her family members. This submission is recorded. In view of the said submission, no further orders are required in this Writ Petition. Accordingly, it is disposed of, without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/