IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22624 of 2011(C) --------------------------------------- PETITIONER: ------------------- DEVARAJAN, AGED 50 YEARS, S/O.RAJAN, DEEPA BHAVANAM, PALLARIMANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADVS. SRI. K.SHAJ, SRI.C.D.ANIL, SRI.SAJJU.S. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT – 688 001. 2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA DISTRICT – 688 001. 3. THE S.I. OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA - 690101. 4. BHAVANI, PARATTUKADAVIL PADEETTATHIL, BHAS VILLA, KOIPALLIKARAZHMA, PERINGALA VILLAGE - 690112. 5. PADMAKUMAR, PARATTUKADAVIL PADEETTATHIL, BHAS VILLA, KOIPALLIKARAZHMA, PERINGALA VILLAGE - 690112. 6. PADMARAJAN, PARATTUKADAVIL PADEETTATHIL, BHAS VILLA, KOIPALLIKARAZHMA, PERINGALA VILLAGE - 690112. W.P.(C). NO.22624/2011-C: 7. PADMINI, PARATTUKADAVIL PADEETTATHIL, BHAS VILLA, KOIPALLIKARAZHMA, PERINGALA VILLAGE – 690112. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 TO R7 BY ADVS. SMT.K.NANDINI, SRI.M.G.SREEJITH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22624/2011-C: APPENDIX PETITIONERS' EXHIBITS: P.1: COPY OF THE COMPLAINT DTD. 18/11/2010 FILED BY THE PETITIONER BEFORE THE R.3. P.2: COPY OF THE RECEIPT NO.559/P1/10K DTD. 18/11/2010 ISSUED BY THE R.3. P.3: COPY OF THE REPRESENTATION DTD. 10/08/2011 FILED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: R4.A: COPY OF THE DISCHARGE CERTIFICATE DTD. 10/08/2011 ISSUED BY THE MEDICAL SUPERINTENDENT, DISTRICT HOSPITAL, MAVELIKKARA. R4.B: COPY OF THE PETITION I.E.C.M.P.NO.4994/2011 IN M.C. 99/11 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. R4.C: COPY OF THE M.C. APPLICATION NO.99/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. R4.D: COPY OF THE ORDER DTD. 01/08/2011 IN M.C. NO. 99/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.22624 of 2011 ------------------------------- Dated this the 24th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. In this writ petition filed under Article 226, the petitioner who is the husband of the 4th respondent seeks protection for his life on the allegation that respondents 5 to 7 who are the relatives of the 4th respondent are threatening him with danger to life. On considering the writ petition for admission, we directed the learned Government Pleader to seek instructions from the police officers of respondents 2 and 3 as to whether any action has been taken on Ext.P3 complaint filed by the petitioner seeking protection. Learned Government Pleader submitted that respondents 2 and 3 are yet to receive Ext.P3 or for that matter any complaint from the petitioner. However, in deference to the interim order of this Court on 19.8.2011 an enquiry was conducted. The enquiry reveals 2 W.P.(C) No.22624 of 2011 that the 4th respondent has obtained Ext.R4(d) residence cum protection order from the Judicial First Class Magistrate court-I, Mavelikara and was residing in the building of the petitioner on the strength of that protection order. However, allegedly the 4th respondent was physically assaulted by the petitioner and she was treated in a hospital immediately. On discharge from the hospital, she filed a private complaint which was before the Magistrate and which was forwarded to the police under Section 156(3). Accordingly, Mavelikara police has registered Crime No.589 of 2011, in which the petitioner is the accused under Section 31 of the Protection of Women from Domestic Violence Act. 2. Smt.K.Nandini learned counsel for the 4th respondent submitted that the accusations contained in this writ petition are false. The idea of the petitioner is to evade his inevitable arrest in the crime which is registered against him. He also wants to evade the protection cum residence order which has been passed by a competent Magistrate. 3 W.P.(C) No.22624 of 2011 Mr.K.Shaji learned counsel for the petitioner however submitted that the petitioner is prepared to undertook that he will not violate Ext.R4(d) order and that he will not cause any difficulty to the 4th respondent in enjoying the fruits of Ext.R4(d) order. His complaints are only against respondents 5 to 7, who are the relatives of the 4th respondent. They have no business to come to the building. The petitioner needs protection against these respondents. 3. Learned Government Pleader's response was that till this moment no complaint is received from the petitioner against any of the respondents including respondents 5, 6 and 7. Having anxiously considered the rival submissions addressed at the Bar, we are of the view that the petitioner was unsuccessful in making out a case for issuance of protection directions sought for. Hence the relief sought for are declined. However, we direct the 3rd respondent Sub Inspector of Police, Mavelikara, to enquire into any complaint which may be received in future from the petitioner containing allegations against respondents 5, 6 4 W.P.(C) No.22624 of 2011 and 7 and if the enquiry reveals that there is truth in those allegations, to take such action as is warranted by the facts revealed in the enquiry for protecting the life of the petitioner. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/