IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26982 of 2011(W) -------------------------- PETITIONER(S): --------------- VINDHYA V., D/O.RADHAMANI AMMA, AGED 35 YEARS, SOUPARNIKA, WARD-5, HOUSE NO.296A, MUNDAYIL, VARKALA, VARKALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.ANOOP (MULAVANA) SRI.LOWEL CHERIAN RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA, THIRUVANANTHAPURAM.695141 2. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA, THIRUVANANTHAPURAM.695141 3. KRISHNA KUMAR, S/O.GOPALAKRISHNAN NAIR, KRISHNA BHAVAN, KANNAMBA, CHALUVILA, VARKALA, THIRUVANANTHAPURAM.695141 4. THANKAPPAN, S/O.GOPALAKRISHNAN NAIR, KRISHNA BHAVAN, KANNAMBA, CHALUVILA, VARKALA, THIRUVANANTHAPURAM.695141 BY GOVT.PLEADER .M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26982/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE INTERIM ORDER OF THE LEARNED JFCM-1 VARKALA DATED 8/7/2011. EXT.P2: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 18/9/2011. EXT.P3: COPY OF THE REPRESENTATION DATED 30/9/2011 SUBMITTED BEFORE THE 1ST RSPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 26982 OF 2011 ------------------------ Dated this the 13th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who has secured Ext.P1 order of residence- cum-protection under the Protection of Women from Domestic Violence Act against respondents 3 and 4 her husband and brother-in-law, has approached this court seeking police protection for her life free from alleged threats and harassment from respondents 3 and 4 and their henchmen. 2. Though reliefs are sought for in this writ petition in the above fashion, a reading of the writ petition and the submissions of Sri. P.Anoop learned counsel for the petitioner shows that the petitioner is seeking a direction to evict the the 3rd respondent, her husband from the shared house. In fact petitions Exts.P2 and P3 have been submitted as though under Ext.P1 order has been passed by the learned Magistrate directing the 3rd respondent to vacate the building. Under Ext.P1, such order has not been passed. The order passed under Ext.P1 is one restraining the WPC.No.26982/2011 2 respondents 3 and 4 from from doing any act which would affect the petitioner's peaceful residence. As a direction has been given under Ext.P1 itself to the 2nd respondent to render assistance to the petitioner for implementation of Ext.P1, the 2nd respondent is duty bound to render assistance for implementation of Ext.P1. The complaint of the petitioner is that no action has been taken by the 2nd respondent upon Exts.P2 and P3. 3. Under the above circumstances, we dispose of this writ petition directing the 2nd respondent to conduct enquiry into Exts.P2 and P3, study Ext.P1 carefully and if the enquiry conducted pursuant to Exts.P2 and P3 reveals that Ext.P1 is violated in any manner by respondents 3 and 4, the 2nd respondent will take such action as is necessary for getting such violation. We clarify once again that Ext.P1 will not enable the petitioner to evict the 3rd respondent from the shared house. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.26982/2011 3