IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33310 of 2011(K) ------------------------- PETITIONER : --------------------- BEENA JAGU, AGED 40, W/O. JAGU, VALIYAKATTIL VEETTIL, VILAYIL PADI, KADAMMANITTA POST, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.S.MUHAMMED HANEEF SRI. R. KRISHNAKUMAR RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA, PATHANAMTHITTA DISTRICT, PIN 689 533. 2. THOMAS @ SAJI, AGED ABOUT 45, RESIDING AT C/O. CHACKO, KAKKATTUKARA HOUSE, VILAYIL PADI, KADAMMANITTA POST, PATHANAMTHITTA DISTRICT - 689 649. 3. MARIYAMMA SIMON, AGED ABOUT 40, RESIDING AT C/O. CHACKO, KAKKATTUKARA HOUSE, VILAYIL PADI, KADAMMANITTA POST, PATHANAMTHITTA DISTRICT - 689 649. R1 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33310 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 11-12-2011. EXT.P2 : COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXT. P1 ON 11-12-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33310 OF 2011 ------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a lady whose husband is away in a foreign country, has filed this writ petition seeking protection for her own life and for lives of her children including the mentally retarded daughter aged 18 from the threat and contumacious acts of respondents 2 and 3 who are their neighbours. According to the petitioner, the 2nd and 3rd respondents are living together as man and wife without any legal marriage. Without any reason every now and then they are abusing the petitioner and her children particularly the mentally retarded daughter. When this was opposed, they have started threatening the petitioner and her children with danger to their lives and limbs. 3. Having considered the averments in this writ petition and the submissions of Sri. S.Muhammed Haneef learned counsel for the petitioner and Sri.Dhanesh Mathew Manjooran learned Government Pleader, who took notice on behalf of the first W.P.(C) No.33310 /2011 2 respondent - Sub Inspector of Police, we are of the view that it is not necessary that we examine the truth or otherwise of the allegations contained in this writ petition. The petitioner has submitted Ext.P1 complaint before the first respondent. We direct the first respondent to take up Ext.P1 immediately and to conduct an enquiry into the same. As part of the enquiry, the first respondent can summon or meet respondents 2 and 3. If the enquiry reveals that there is truth in the allegation of the petitioner that there is subsisting threat to the lives of the petitioner and her children from respondents 2 and 3, the first respondent shall take such action as is necessary for protecting the lives and limbs of the petitioner and members of her family. A copy of this judgment will be sent to the 2nd respondent by Registered Post with Acknowledgment Due by the petitioner as soon as she gets such copy. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No.33310 /2011 3