IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(Crl.).No. 421 of 2008(S) --------------------------- PETITIONER(S): --------------- C.SATHEESH KUMAR, S/O. CHANDRASEKHARAN, 230 KAILAS, 13TH CROSS ROAD, SOUTH GIRINAGAR, KOCHI.20. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. ISMAIL SALIM AL SHIRAWI, 1/38, JJ NAGAR, MUGAPPAIR EAST, NEAR MM HOSPITAL, CHENNAI, 2. BALAKRISHNAN, RESIDING DO. 3. THE CITY POLICE COMMISSIONER, ERNAKULAM. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) 421/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE COMMUNICATION RECEIVED IN 2006. EXT.P2 : TRUE COPY OF THE COMMUNICATION RECEIVED IN 2007 SENT BY ASMA. EXT.P2A : TRUE COPY OF THE POSTAL COVER. EXT.P3 : TRUE COPY OF THE E-MAIL MESSAGE. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.421 of 2008 ---------------------------------------------- Dated 24th November, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is a permanent resident within the jurisdiction of Madras High Court. The alleged detenue is also permanently settled in Madras. The allegation is that she had come to Kerala to join the petitioner, who is now living in Ernakulam in a rented house in connection with his job, and from there she has been removed by the second respondent. It is also to be seen that the alleged detenue Asma, daughter of the first respondent is a student in Chennai, even according to the petitioner. Going by the statement of the petitioner himself, it is fairly clear that this court has no jurisdiction to entertain the matter, and the petitioner has to move the Madras High Court. Therefore, without prejudice to the liberty to the petitioner to move the Madras High Court, if so advised, this writ petition is dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.421 of 2008 ---------------------------------------------- J U D G M E N T Dated 24th November, 2008.