IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23175 of 2008(H) -------------------------- PETITIONERS: ------------ 1. JAFFAR PUTHIYARAKKAL S/O.MOHAMMED KUTTY, KOTTATHODY HOUSE, ANTHIYOORKUNNU PO.PULICKAL, MALAPPURAM. 2. HASNA HILAL, W/O.JAFFAR, KOTTATHODY HOUSE, ANTHIYOORKUNNU, -DO- BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM. 2. SUPERINTENDENT OF POLICE, MALAPPURAM MALAPPURAM DISTRICT. 3. SHAJI.C.M., S/O.MUHAMMEDKUTTY MASTER CHITTANGATTU HOUSE, CHUNGAM KONDOTTY, MALAPPURAM DISTRICT. 4. SHABEER.C.M., S/O.MUHAMMEDKUTTY MASTER -DO- BY ADV. SRI.BABU S. NAIR FOR R3 & 4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23175/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE AGREEMENT ENTERED BETWEEN THE 1ST PETITIONER AND HIS EARLIER WIFE NAMELY SMT.SHABNA. EXT.P2: COPY OF THE RECEIPT TOWARDS AN AMOUNT OF RS.12,10,000/- EXT.P3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ALONG WITH COVERING LETTER DT.15.7.2008 TO THE RESPONDENTS 1 & 2. EXT.P4: COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXT.P3 COMPLAINT RECEIVED BY THE 1ST RESPONDENT. EXT.P4(a): COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXT.P3 COMPLAINT RECEIVED BY THE 2ND RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE RELIEVING ORDER ISSUED BY THE GENERAL MANAGER, CO-OPERATIVE URBAN BANK LTD., MANJERI DT.11.7.2008. EXT.R4(b): COPY OF THE RELIEVING ORDER ISSUED FROM THE INSTITUTE OF CO-OPERATIVE MANAGEMENT, PARASSINIKADAVU DT.16.7.2008. EXT.R4(c): COPY OF THE CERTIFICATE ISSUED BY THE INSTITUTE OF CO- OPERATIVE MANAGEMENT , KANNUR FOR HAVING ATTENDING THE TRAINING PROGRAMME BETWEEN 14.7.2008 AND 16.7.2008 TO THE 4TH RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------- W.P.(C). No.23175 OF 2008 -------------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are husband and wife. The respondents 3 and 4 are the brothers of the erstwhile wife of the 1st petitioner. The petitioner submits his marriage with the sister of respondents 3 and 4 was severed as per Islamic law and whatever that was due to her has already been paid. Later, he married the 2nd petitioner and they are living together along with the parents of the 1st petitioner. Their nearby town is Kondotty. So, they have to go to that town for various daily needs. When they go there, the respondents 3 and 4, who are unemployed and loitering around the town are accosting them and abusing them using filthy language. In view of the above illegal actions of the party respondents, the petitioner has preferred Ext.P3 representation before the police seeking police protection. In that petition, he specifically narrates the details W.P.(C) No.23175/2008 2 of threatening at the instance of the 3rd respondent and his supporters on 15.7.2008 at 8 a.m. But, the police did not take any action. So, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the dispute between the petitioner and his erstwhile wife has already been settled and the allegations of threatening and harassment from the part of the respondents 3 and 4 appear to be not correct. At any rate, there is no law and order problem warranting interference of the police, it is submitted. 3. The respondents 3 and 4 have filed a counter affidavit denying the allegations against them. They have also stated that substantial amounts are due from the 1st petitioner to their sister and she is taking recourse to the forums provided under law to recover it. They also submitted that they have no intention, whatsoever, to threaten, harass or attack the petitioners. W.P.(C) No.23175/2008 3 3. We record the submissions made on behalf of the respondents 3 and 4 that they have no intention to harass or attack the petitioners. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps