IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 695 of 2011(J) ---------------------- PETITIONER : --------------------- PRINCY, AGED 29 YEARS, W/O.AUGUSTINE A.T., CC-14/2024-A, CHULLICKAL, KOCHI-5, ERNAKULAM DISTRICT. BY ADV. SRI.M.H.HANIS RESPONDENT(S): ------------------------ 1. CIRCLE INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, KOCHI-682 006. 2. SHAKEER.K.M., AGED 32 YEARS, S/O.MUHAMMED, CC-1807, KARUVELIPADY, KOCHI-5. 3. SHAJI.K.M., AGED 35 YEARS, S/O.MUHAMMED, CC-14/1807, KARUVELIPADY, KOCHI-5. 4. SOBY.K.D., AGED 35 YEARS, S/O.DINESAN, KARAKKAL HOUSE, FORT KOCHI-682 001. 5. SIYAD, C/O.SHAKEER K.M., CC-1807, KARUVELIPADY, KOCHI-5. R1 BY GOVERNMENT PLEADER SMT. CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 695 of 2011(J) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF O.S.NO.1/11 FILED BY THE PETITIONER'S HUSBAND BEFORE THE SUB COURT, KOCHI, DATED 1.1.2O11. EXT.P2 : COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 4.1.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.695 of 2011 ------------------------------------------- Dated this the 10th January, 2011 JUDGMENT Basant, J. The petitioner has come to this Court for issue of directions under Article 226 of the Constitution of India to the first respondent to afford police protection to the petitioner from the illegal, contumacious and culpable acts of respondents 2 to 5. According to the petitioner, the petitioner’s husband has filed a civil suit against the second respondent. Infuriated by the conduct of the husband of the petitioner filing a civil suit against the second respondent, respondents 2 to 5 are allegedly indulging in contumacious and culpable acts against the petitioner. Their purpose is to compel and coerce the petitioner to withdraw the cases filed by the petitioner’s husband. In these circumstances, protection may be afforded to the petitioner, it is prayed. 2. Notice was ordered to the respondents. Respondents 2 to 5 have entered appearance through wpc No.695/2011 2 counsel. Counsel denies the allegation in toto. Respondents 2 to 5 have no intention in any manner to indulge in vexatious or contumacious conduct against the petitioner or her husband, it is submitted. The petition for police protection is totally unnecessary, submits the learned counsel for respondents 2 to 5. 3. The learned Government Pleader, after taking instructions from the first respondent, submits that it is true that Ext.P2 complaint has been received. A civil suit has been filed by the petitioner’s husband against the second respondent. To the perception of the first respondent, there is no threat to the life or person of the petitioner. There is a civil dispute between the parties. Civil court is already seized of the matter. The parties must seek their reliefs from the civil court. Police do not propose to intervene in the civil dispute between the parties. But, if during the pendency of the civil dispute respondents 2 to 5 were to resort to any objectionable, culpable and violent conduct, the needful shall be done and requisite protection shall be afforded to the petitioner, submits the learned Government Pleader. wpc No.695/2011 3 4. We record the submissions of the counsel for respondents 2 to 5. We record the submission of the learned Government Pleader on behalf of the first respondent. We are satisfied that no further specific directions are necessary in the matter. We record the undertaking of the learned Government Pleader on behalf of the first respondent that if there be any genuine complaint of threat to life and person of the petitioner, necessary police protection shall be afforded to the petitioner. 5. This writ petition is in these circumstances allowed to the extent indicated above. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/