IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 2513 of 2008(Y) ------------------------- PETITIONER: ------------ RAJAMANI, S/O.NANJAN CHETTIAR, AGED 56 YEARS, 'NANDANAM', MANNARKKADU P.O., VADAKKUMANNAM, PALAKKAD. BY ADV. SRI.DENIZEN KOMATH RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, MANNARKKADU CIRCLE, PALAKKAD. 2. SUB INSPECTOR OF POLICE, MANNARKKADU POLICE STATION, PALAKKAD 3. ABDUL KHADIR.M.,VADAKKUMANNAM, MANNARKKAD P.O., PALAKKAD. 4. MANSOOR, S/O.ABDUL KHADIR, VADAKKUMANNAM, MANNARKKADU P.O. PALAKKAD. 5. BASHEER, S/O.ABDUL KHADIR, VADAKKUMANNAM, MANNARKKADU.P.O., PALAKKAD. 6. J.KAJA HUSSAIN, S/O.M.JAMAL RAWTHER, RAWTHER HOUSE, HOSPITAL JUNCTION, MANNARKKADU P.O., PALAKKAD. BY ADV. SRI.RAJESH NAMBIAR GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2513/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE PHOTO COPY OF THE NOTICE OF INTENDED MARRIAGE, DATED 6.12.2007. EXT.P2 - TRUE PHOTO COPY OF THE RECEIPT OF OBJECTION DATED 2.1.2008 PREFERRED AGAINST THE PETITIONER. EXT.P3 - TRUE PHOTO COPY OF THE CERTIFICATE ISSUED FROM THE OFFICE OF KONDAZHY GRAMA PANCHAYAT. EXT.P4 - TRUE PHOTO COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5 - ORIGINAL PHOTOGRAPHS OF THE ATTACKED RESIDENCE OF THE PETITIONER. RESPONDENTS' EXTS. EXT.R3(a) - PHOTO COPY OF THE FIR DATED 4.12.2007 IN CR.NO.792/2007. EXT.R3(b) – PHOTO COPY OF THE FIR DATED 9.1.2008 IN CRIME NO.19/08. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 2513 OF 2008-Y ----------------------------------------- Dated 5th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection to his life and that of his family members, on the allegation that respondents 3 to 6 are threatening them. The 3rd respondent's daughter Smt.Saida Bhanu is a widow and she is having a child. She was residing with the said respondent, her father. While so, the petitioner's son Mr.Nandakumar fell in love with that lady and they started living together for about three months in a different building. Some time thereafter, the said Mr.Nandakumar deserted her and disappeared. Later, he got married with another lady. Thinking that the petitioner and his family members are behind the second marriage of his son, the respondents 3 to 6 started threatening and harassing them. The petitioner submits, the said respondents trespassed into his house and destroyed the furnitures and other valuables there, as evident from Ext.P5 series photographs. So, he moved the police for protection. Wpc 2513/2008 2 But, the police did not take any action, nor any crime registered based on the incident of trespass and destruction of the valuables. In the above background, this writ petition is filed, seeking appropriate reliefs. The petitioner prays, the police may be directed to maintain law and order and prevent breach of peace, so that he can live peacefully. 2. The learned Government Pleader, upon instructions, submitted that after the petitioner's son deserted Smt.Saida Bhanu, she was not admitted back in her family. She was virtually in the street. So, the people of the locality went in search of Mr.Nandakumar and caught hold of him and compelled him to give notice under the Special Marriage Act for his marriage with her. While so, it came to light that when he was away, he got married to another lady. The said lady objected to the solemnization of the marriage under the Special Marriage Act. It is also submitted that in the above factual background Smt.Saida Bhanu trespassed into the house of the petitioner and started living there. But, the police intervened and at present she is residing with the 3rd respondent, her father. 3. The respondents 3 to 6 have filed a counter affidavit, denying all the allegations against them. According to them, the petitioner and his family members have attacked them and therefore, a crime has been registered against the petitioner and others and the FIR in that case is Wpc 2513/2008 3 produced as Ext.R3(b). Against the petitioner's son and others another crime has been registered under Section 498A of the I.P.C., and the FIR in that case is produced as Ext.R3(a). So, in fact, the petitioner and his family members are indulging in criminal activities. They want to get over the investigation of the crime registered against them. For that this writ petition is filed, it is submitted. The petitioner has filed a reply affidavit, denying the allegations in the statement filed by the 1st respondent. 4. If there is any threat to the life of the petitioner or his family members, he may inform the police about the same. In that event the police shall enquire into the same and if the allegation is found to be genuine, grant protection. But, this will not in any way affect the investigation of the crime registered against the petitioner and his family members by the police. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/