IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23895 of 2011(J) ------------------------------- PETITIONER(S): ----------------- SABU, S/O GOPINATHAN, SWAPNAKOODU, KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.-695001. 3. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL - 695101 4. THE CIRCLE INSPECTOR OF POLICE, KADKKAVOOR, THIRUVANANTHAPURAM.-695014 5. THE SUB INSPECTOR OF POLICE, KADKKAVOOR, THIRUVANANTHAPURAM.-695014 6. LAKSHMI PRIYA, D/O MADHU, VINAYAKAM, VAKKOM, THIRUVANANTHAPURAM.-695014 7. PADMA PRIYA, D/O MADHU, VINAYAKAM, VAKKOM, THIRUVANANTHAPURAM.-695014 8. SURESH, SOORAJ NIVAS, THETTIKULAM, MANAMBUR VILLAGE, THIRUVANANTHAPURAM.-695014 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23895 of 2011(J) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 11/08/11. EXT.P2:- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 11/08/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23895 of 2011 ------------------------------------------------ Dated this the 19th day of September, 2011 JUDGMENT Abdul Rehim, J In view of the manner in which we propose to dispose of this Writ Petition, we are not intending to issue notice to the contesting respondents (respondents 6 to 8). 2. Relief sought for in this Writ Petition is for a direction to respondents 4 and 5 to afford sufficient and meaningful police protection to the life of the petitioner from alleged threat caused by respondents 6 to 8. When the Writ Petition came up for admission, we directed the Government Pleader appearing on behalf of respondents 1 to 5 to ascertain from the 5th respondent as to whether any enquiry has been conducted on the basis of Ext.P1 complaint and if so what is the result of such enquiry. If no such enquiry is conducted, the 5th respondent was directed to conduct an enquiry in order to ascertain as to whether there exist any threat from W. P. C. No.23895 of 2011 -2- the party respondents to the life of the petitioner. It is further directed that if such enquiry reveals any such threat, the needful shall be done to protect life of the petitioner. 3. Smt.C.M.Charisma, learned Government Pleader on the basis of the instructions received from 5th respondent, submitted that the marital relationship between the petitioner and the 6th respondent remains strained. Various litigations are pending before the Family Court as well as the Magistrate's Court in this regard. It is submitted that the 6th respondent had obtained an order of residence issued by the Magistrate's Court under the provisions of The Protection of Women From Domestic Violence Act, 2005. It is further stated that the enquiry revealed that there is no threat caused to the life of the petitioner from the side of the respondents 6 to 8. 4. On the other hand, Sri.K.P.Sujesh Kumar, learned counsel appearing for the petitioner submitted that the 6th respondent along with the 7th respondent who is her sister are engaging goondas, especially the 8th respondent and his W. P. C. No.23895 of 2011 -3- men, in order to create threat against the life of the petitioner for the purpose of compelling him to yield to the illegitimate demands raised by the 6th respondent. 5. We are of the opinion that the matters arising out of the matrimonial dispute need be agitated by the parties before the appropriate courts. The parties should not be allowed to take law into their own hands or to create any breach of peace based on any such disputes. Therefore, we dispose of this Writ Petition directing respondents 4 and 5 to keep vigil on the situation and to take effective steps if there is any threat against the life of the petitioner from the 8th respondent or from any outsider. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23895 of 2011 -4-