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 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 17451 of 2011(F) -------------------------------- PETITIONER(S): ------------------ ANILKUMAR V.K., AGED 42 YEARS, S/O.VISWANATHAN, P.R.A.25, KAMALA COTTAGE, PURAVOORKONAM, KARAKULAM P.O., TRIVANDRUM. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): -------------------- 1. SUB INSPECOR OF POLICE, MUSEUM POLICE STATION, TRIVANDRUM-695011. 2. CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, TRIVANDRUM-695011. 3. SUPERITENDENT OF POLICE (RURAL), TRIVANDRUM-695011. 4. BINDHU B.P., D/O.PRASANNA, DEVASWOM BOARD KOVIL PANDIT COLONY, S24, NEAR NIRMALA BHAVAN SCHOOL, KAWDIAR P.O., TRIVANDRUM-695036. 5. BIJU BALAKRISHNAN, DEVASWOM BOARD KOVIL PANDIT COLONY, S24, NEAR NIRMALA BHAVAN SCHOOL, KOWDIAR P.O., TRIVANDRUM-695036. WP(C).No. 17451 of 2011(F) -2- 6. BALAKRISHNAN, DEVASWOM BOARD KOVIL PANDIT COLONY, S24, NEAR NIRMALA BHAVAN SCHOOL, KOWDIAR P.O., TRIVANDRUM-695036. 7. PRASANNA, DEVASWOM BOARD KOVIL PANDIT COLONY, S24, NEAR NIRMALA BHAVAN SCHOOL, KOWDIAR P.O., TRIVANDRUM-695036. ADV. SRI.M.R.RAJESH FOR R4-7 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17451 of 2011(F) APPENDIX PETITIONER'S EXTS EXT.P1:- A COPY OF THE DECREE IN O.P.821/08 ON THE FAMLY COURT, NEDUMANGAD DATED 08/10/2009. EXT.P2:- A COPY OF THE MEMO FILED BY THE 4TH RESPONDENT SATISFYING THE DECREE 29/04/10. EXT.P3:-A COPY OF SOME OF THE LETTERS RECEIVED BY THE PETITIONER. EXT.P4:- A COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE RESPONDENT 2. EXT.P5:- A COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE ASST. COMMISSIONER (HQ), TRIVANDRUM DATED 06/11/10. RESPONDENTS' EXTS EXT.R4(a):- TRUE COPY OF ORDER DATED 17/01/09 OF THE JFMC-II, NEDUMANGAD IN CMP NO.371/09 IN M.C.3/09. EXT.R4(b):- TRUE COPY OF COMPLAINT DATED 04/11/10 SUBMITTED BY THE 6TH RESPONDENT TO THE CHIEF MINISTER. EXT.R4(c):- TRUE COPY OF THE OUT PATIENT TICKET NO.147492 DT.22/07/08 OF THE GOVT. HOSPITAL, PEROORKKADA. //true copy// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17451 of 2011 ------------------------------------------------ Dated this the 29th day of September, 2011 JUDGMENT Abdul Rehim, J The 4th respondent is the former wife of the petitioner and respondents 5 to 7 are his in-laws. There exists matrimonial dispute between the petitioner and the 4th respondent. According to the petitioner, the disputes were settled out of court and a compromise petition was filed before the Family Court, Nedumangad. It is contended that the petitioner had paid the entire amounts due to the 4th respondent under the terms of the compromise. It is stated that, even thereafter the petitioner is getting anonymous letters, copy of which are produced as Ext.P3 series, containing all sort of threat and intimidations against the life of the petitioner. It is further stated that, on 25/01/11, there was an attack to the house wherein the petitioner is residing with his family. It is further stated that, even thereafter on several occasions, there were threats to the life of the petitioner from the side of respondents 4 to 7. Even though the petitioner submitted W. P. C. No.17451 of 2011 -2- Ext.P4 complaint before the 2nd respondent and Ext.P5 complaint before the Assistant Commissioner of Police, no action was taken. Hence, the petitioner is seeking direction to afford protection to the life of the petitioner and his family members from the threats of respondents 4 to 7. 2. In the counter affidavit filed by the 4th respondent it is contended that the allegations raised in the Writ Petition are totally incorrect. It is alleged that Ext.P3 series letters, in all probability, are creations of the petitioner himself and they were fabricated only for the purpose of filing this Writ Petition. It is stated that, the petitioner has a notorious history and that he has a gang of anti-social elements with him at his beck and call. It is stated that the 4th respondent was assaulted by the petitioner in the year 2008 and she was under treatment. It is also mentioned that the 5th respondent who is father of the 4th respondent has submitted complaints against the threats and harassments caused by the petitioner. 3. We heard learned Government Pleader appearing on behalf of the respondents 1 to 3. It is submitted that there exists matrimonial disputes between the parties and complaints were received from both sides making allegations of threats from the W. P. C. No.17451 of 2011 -3- opposite side. However, the enquiry revealed that there exists no threat to the life of the petitioner, at present, is the submission. 4. Under the above mentioned facts and circumstances and the rival contentions raised at the Bar, we are of the opinion that there exists no circumstances warranting issuance of any specific directions for affording police protection to the petitioner. However, we close the Writ Petition directing the respondents 1 and 2 to have a vigil over the situation and to ensure that the dispute existing between the parties does not lead to any situation of breach of peace or violence or threat to the life of any of the parties. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.17451 of 2011 -4-