IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 26368 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. S.UDAYABHANU, S/O.LATE N.SIVADASAN, AGED 49 YEARS, SURYA MANGALAM, PAVITHRESWARAM, PUTHOOR, KOLLAM. 2. S.RESHMI, D/O.UDAYABHANU, AGED 21 YEARS, SURYA MANGALAM, PAVITHRESWARAM, PUTHOOR, KOLLAM. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.RANHITH R RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, (RURAL), KOTTARAKKARA, KOLLAM. 2. MR.JAYASANTH LAL, DEPUTY SUPERINTENDENT OF POLICE (VIGILENCE), KOLLAM. 3. THE SUB INSPCTOR OF POLICE, PUNALUR. 4. MANU E.V., AGED 31 YEARS, S/O.VIJAYANKUTTY, EDAPPALLIL, EAST KALLADA, KOLLAM. ADDL.R5. SMT.JEENA,D/O.SOMARAJAN, “AYSWARYA”,NEELESWARAM, KOTTARAKKARA, KOLLAM [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 25/9/2009 IN W.P.(C).NO.26368/2009] BY GOVERNMENT PLEADER SRI.P.RAVINNDRA BABU ADV. SRI.S.M.PREM FOR R4 SMT.K.P.SANTHI FOR R4 SRI.P.K.NIJOY FOR R4 SMT.NISHA G.THARAMAL FOR R4 SRI.ALAN PAPALI FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26368 of 2009(M) APPENDIX RESPONDENTS EXHIBITS EXT.R5(A): TRUE COPY OF THE REPORT APPEARED IN THE MALAYALAM DAILY MALAYALA MANORAMA DATED 20/7/2009 ON THE 16TH PAGE. /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.26368 of 2009 -------------------------------- Dated this the 12th day of October,2009 JUDGMENT Kurian Joseph.J The petitioners approached this court complaining of harassment by the police. 2. The allegation is that harassment is at the instance of respondent nos.1 to 3 and 5. Respondent Nos.4 and 5 are present. They are husband and wife. We are informed that there are problems in their relationship and the fourth respondent has been approached the Family Court, Kollam for divorce, in O.P. No.1004/2009.Such a matrimonial dispute shall not give room for other disputes among other members of the family.That shall not also be a reason for breach of peace in society. 3. The Government pleader on instruction submitted that the police has only conducted an enquiry on the complaint filed by the Additional fifth respondent and there is no harassment in the process. Now that the epicenter of the dispute is the subject matter of O.P.No.1004/2009 on the file of Family Court, Kollam, W.P(C) No.26368 of 2009 2 we direct the parties to maintain peace. The fourth and fifth respondents are free to prosecute and defend the case before the family court. Since the Government pleader has submitted that there is no harassment on the part of police apart from lawful discharge of their duties of conducting enquiry into the dispute, no further orders are necessary in the writ petition and the writ petition is disposed of accordingly. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn