IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22177 of 2010(V) ----------------------------------------------- PETITIONER(S): -------------------- NUSRATH, W/O.MUHAMMAD, THAZHEPEEDIKAYIL HOUSE, MUDAVANTHERI PO, THUNERI VIA, VADAKARA. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, NADAPURAM, VADAKARA. 2. SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT. 3. MUHAMMAD, S/O.POOKER HAJI, THAZHEPEEDIKA YIL HOUSE, MUDAVANTHERI PO, THUNERI (VIA), VADAKARA 673 101. 4. ABDULLA, S/O.POKKER HAJI, THAZHEPEEDIKAYIL HOUSE, MUDAVANTHERI PO, THUNERI (VIA),VADAKARA-673 101. 5. BIYATHU, W/O.POKKER HAJI, THAZHEPEEDIKAYAL HOUSE, ḊḊ MUDAVANTHERI PO, THUNERI (VIA),VADAKARA-673 101. 6. AYISHA, D/O.POKKER HAJI, THAZHEPEEDIKAYIL HOUSE, MUDAVANTHERI PO, THUNERI (VIA),VADAKARA-673 101. 7. BALKIES, D/O.POKKER HAJI, THAZHEPEEDIKAYIL HOUSE, MUDAVANTHERI PO, THUNERI (VIA),VADAKARA.-673 101. W.P.(C).NO.22177 OF 2010 V 8. SAINABA, W/O.ABDULLA, THAZHEPEEDIKAYIL HOUSE, MUDAVANTHERI PO, THUNERI (VIA),VADAKARA.-673 101. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.22177 OF 2010 V PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE ORDER IN M.C.NO.39/2008 PASSED BY THE J.F.C.M. COURT, NADAPURAM. EXT.P2TRUE COPY OF THE F.I.R. & F.I.S. IN CRIME NO.425/08 NADAPURAM POLICE STATION. EXT.P3TRUE COPY OF THE F.I.R. & F.I.S. IN CRIME NO.651/08 OF NADAPURAM POLICE STATION. EXT.P4TRUE COPY OF THE F.I.R. & F.I.S. IN CRIME NO.53/10 OF NADAPURAM POLICE STATION. RESPONDENTS' EXHIBITS; NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 22177 OF 2010 V --------------------------------------------------- Dated this the 21st July, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to give adequate and effective police protection to the petitioner to implement Exhibit P1 order. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to give adequate and effective police protection for the life of the petitioner for the residence at her matrimonial home.” 2. Briefly put, the case of the petitioner is as follows: Petitioner has admittedly approached the JFCM, WPC.22177/2010 V 2 Nadapuram and obtained Ext.P1 order. The learned Magistrate has allowed the petition filed by the petitioner and the fourth respondent was prohibited from committing any act of domestic violence against the petitioner. Likewise, he and his man are restrained from dispossessing or disturbing possession of the petitioner from the shared household. Thereafter, the learned Magistrate has directed the Station House Officer, Nadapuram Police Station to give protection to the petitioner in residing peacefully in Thazhepeedikayil house. Complaint of the petitioner is that thereafter she is being attacked by the party respondents resulting in Exts.P2 to P4. The prayer itself is to implement Ext.P1 order. Petitioner clearly has an alternate remedy of approaching the learned Magistrate. In the circumstances of the case and in view of the fact that the petitioner has an alternate remedy, we are not inclined to grant an order as sought for, at any rate, at this stage, as the petitioner has not even approached the Magistrate seeking implementation of Clause 4 of Ext.P1 by which the learned Magistrate has WPC.22177/2010 V 3 directed to give protection. Without prejudice to the right of the petitioner to approach the concerned Magistrate, this Writ Petition is disposed of. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge