IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 19524 of 2011(M) -------------------------- PETITIONER(S): --------------- 1. P.S.NARAYANA BHATTATHIRI,AGED 76 YEARS, R/AT SREEKANTESWAARATHU ILLOM,VAZHAMUTTOM MURI, VALLICODE VILLAGE,PATHANAMTHITTA DISTRICT. 2. INDIRADEVI,W/O.NARAYANA BHATTATHIRI, R/AT SREEKANTESWAARATHU ILLOM,VAZHAMUTTOM MURI, VALLICODE VILLAGE,PATHANAMTHITTA DISTRICT. 3. AARATHI NAMBOOTHIRI,W/O.SUJITH.N, R/AT SREEKANTESWAARATHU ILLOM,VAZHAMUTTOM MURI, VALLICODE VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY THE HOME SECRETARY ,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR GENERAL OF POLICE, KERALA ,POLICE HEADQUARTERS, VAZHUTHACAUD,THIRUVANANTHAPURAM 695 001. 3. THGE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA 689 645. 4. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA 689 645. 5. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA ,PATHANAMTHITTA DISRICT, 689 645. 6. RADHAKRISHNA PILLAI,THE CIRCLE INSPECTOR OF POLICE,PATHANAMTHITTA 689 645. 7. SUJITH.N, S/O.NARAYANA BHATTATHIRI, KARIPALIL HOUSE, KOZHENCHERRY PO, 689 104. ADV. SRI.V.SETHUNATH FOR R-7 SRI.PRAKASH KESAVAN FOR R-7 GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19524/2011 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 22/9/2010 SUBMITTED BY THE SECOND PETITIONER TO THE THIRD RESPONDENT. EXT.P2: COPY OF THE CARD ACKNOWLEDGING THE RECEIPT OF THE REPRESENTATION ISSUED BY THE OFFICE OF THE THIRD RESPONDENT AND INFORMING THE PETITIONER OF THE REPRESENTATION BEING SENT TO SHO, PATHANAMTHITTA FOR FURTHER ACTION. EXT.P3: COPY OF THE PETITION FILED BY THE SEVENTH RESPONDENT IN O.P.(HMA) NO.701/2010 BEFORE THE FAMILY COURT, THIRUVALLA. EXT.P4: COPY OF THE OBJECTION FILED BY THE SIXTH RESPONDENT IN O.P. (HMA) NO. 701/2010 BEFORE THE FAMILY COURT, THIRUVALLA. EXT.P5: COPY OF THE CRIME NO.30/2011 OF THE EDATHUVA POLICE STATION. EXT.P6: COPY OF SWORN STATEMENT OF THE SAID RADHIKA R. NAIR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPPUZHA IN CRI E NO.30/2011 OF THE EDATHUVA POLICE STATION. EXT.P7: COPY OF THE FAX MESSAGE DATED 12/7/2011 SENT BY K.G. MURALEEDHARAN UNNITHAN, ADVOCATE, PATHANAMTHITTA TO THE SECOND RPSPONDENT. EXT.P8: COPY OF THE COMPLAINT DATED 13/7/2011 FILED BY THE PETITIONERS BEFORE THE THIRD RESPONDENT. EXT.P9; COPY OF THE CARD ACKNOWLEDGING THE RECEIPT OF EXHIBIT P8 SUBMITTED BY THE PETITIONERS BEFORE THE THIRD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 19524 OF 2011 ------------------------ Dated this the 8th day of August, 2011 JUDGMENT Abdul Rehim, J. The petitioners 1 and 2 are the parents of the 7th respondent and the 3rd petitioner is the wife of the 7th respondent. The petitioners are seeking direction to the respondents 1 to 4 to afford police protection to their lives and personal liberty, against the illegal acts and threats caused by the 7th respondent, which is alleged to have been abated by the 6th respondent, who is the Circle Inspector of Police, impleaded 'eo-nominee'. 2. It is the contention of the petitioners that the 7th respondent has no manner of right in the residential building wherein the petitioners are residing along with the minor children of the 7th respondent. It is alleged that the 7th respondent was not living with the petitioners and he has been residing at the address given in this writ petition, leading an adulterous life with another lady. It is stated that the 3rd WPC.No.19524/2011 2 petitioner's martial life with the 7th respondent became strained due to the cruel actions from the side of the 7th respondent. It is also alleged that the 7th respondent has got illicit relationship with many women, including a lady named Radhika R.Nair with respect to whom there was a missing case registered before the Edathuva Police Station, as Crime No.30/2011. Allegation is that when the said lady was produced before the Magistrate, she deposed that the 7th respondent had married her at Guruvayoor Temple and that they are residing together as husband and wife. It is stated that the 7th respondent with the help of 'goondas' is criminally trespassing into the residence of the petitioners and causing threat to the lives of the petitioners and the minor children. It is stated that, even though various complaints were preferred before the police authorities, no proper steps was taken. Hence, this writ petition is filed. 3. Considering the close relationship between the contesting parties and considering the nature of the allegations made, we ordered personal appearance of the first petitioner as well as the 7th respondent on 28/7/2011. After hearing both of them briefly, we directed the 4th respondent to take up Exts.P7 and WPC.No.19524/2011 3 P8 complaints and to summon both of them for holding enquiry into the allegations. We directed the 4th respondent to ensure that the petitioners are able to live peacefully in their house without any trouble being caused by the 7th respondent. 4. Today, when the matter is taken up for consideration, Smt.C.M.Charisma, learned Government Pleader submitted that, even before we passed the above said order on 28/7/2011, the 4th respondent had intervened in the matter and the parties were summoned on 23/7/2011. It is stated that the 4th respondent could persuade the parties to have an amicable settlement of the issues and the 7th respondent had undertaken that no further threat or nuisance of any nature will be created to the peaceful life of the petitioners. 5. We heard learned counsel appearing for the 7th respondent. It is undertaken that no threat or nuisance or harassment in any manner will be caused to the petitioners and other family members, from the side of the 7th respondent. However, learned counsel for the petitioners submitted that no settlement as submitted by the Government Pleader was arrived before the 4th respondent, but the 4th respondent only WPC.No.19524/2011 4 directed the 7th respondent to keep peaceful atmosphere, and both parties were made to sign on the Register kept in station house of the 4th respondent. 6. Considering the factual circumstances prevailing and the rival contentions, we are of the view that a direction to the 4th respondent to have vigil over the situation and to take appropriate and effective actions if warranted, will serve the interest of justice. Therefore, we direct the 4th respondent that if there is any threat, intimidation or harassment from the side of the 7th respondent to the petitioners, necessary actions shall be taken to avert such situation. If any reliable intimation is received regarding any such activities, effective steps should be taken against the persons who are responsible. The writ petition is disposed of with the above directions and observations. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk WPC.No.19524/2011 5 WPC.No.19524/2011 6 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 19524 OF 2011 ------------------------ Dated this the 28th day of July, 2011 O R D E R Pius C.Kuriakose, J. Having regard to the conversation we had with the first petitioner and also with the 7th respondent, who are present before us in person, and also submissions addressed before us by Sri.K.Shaj learned counsel for the petitioners and Sri. Prakasah Kesavan learned counsel for the 7th respondent and Sri.T.K.Vipin Das learned Government Pleader, who make submissions on the basis of the instructions imparted to him by the 6th respondent -Circle Inspector of Police arrayed eo nomine as a party, we feel that no useful purpose will be served by the 6th respondent enquiring into the complaints (Exts.P7 and P8) submitted by the petitioners. WPC.No.19524/2011 7 2. We direct the 4th respondent to take up those complaints himself. The 4th respondent will summon the first petitioner and the 7th respondent for holding an enquiry into those complaints. The 4th respondent will make every endeavour to ensure that the petitioners are able to live peacefully in their house viz. Sreekanteswarathu Illom without any trouble from the part of the 7th respondent. Action will be taken by the 4th respondent immediately. Post on Thursday (4/8/2011) for report. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk