IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 31719 of 2011(L) -------------------------------- PETITIONER(S): ------------------ 1. JIJI GOPAL, D/O.GOPAL, AGED 23 YEARS, VARAMBUKALA THEKKETHIL, THODIYOOR-VENDARA P.O., KALLELI, KARUNAGAPPALLY, KOLLAM. 2. MANIYAN B., S/O.BHASKARAN, AGED 27 YEARS, VARAMBUKALA THEKKETHIL, THODIYOOR-VENDARA P.O., KALLELI, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. SUB-INSPECTOR OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT, PIN-690504. 3. PUSHPANGADAN, INDRAJITH BHAVAN, VENDARA P.O., KOLLAM EAST, PIN-691001. GOVT. PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31719 of 2011(L) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE 1ST PETITIONER. EXT.P2:- TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE 2ND PETITIONER. EXT.P3:- TRUE COPY OF the MARRIAGE CERTIFICATE DATED 22/11/11 ISSUED BY THE TEMPLE. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.31719 of 2011 ------------------------------------------------ Dated this the 2nd day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioners claim that they belong to the same community and have been in love for last several years. According to them they are already married and they rely on Ext.P3 certificate issued by the Malamuttam Malanada Mahadevar Temple, Mavelikkara in that regard. They allege that they are being harassed every now and then by the 2nd respondent Sub Inspector of Police at the instance of 3rd respondent who is the uncle of the 1st petitioner, a lady. 2. On considering this Writ Petition for admission, we directed the State Attorney who took notice on behalf of the police officer to seek instructions from him as to the correctness of the accusations of harassment. Today on behalf of the State Attorney it is submitted by Sri.Shyson P. Manguzha, the learned senior Government Pleader that the W. P. C. No.31719 of 2011 -2- accusations of harassment are not fully correct. A person missing case was registered as Crime No.812/11 in the Nooranadu Police Station regarding the missing of the 1st petitioner at the instance of the father of the 1st petitioner. The petitioner's presence was requested only in connection with investigation into the above crime. But the investigation revealed that petitioners have got married according to the customary rites. It is now revealed that they appeared before the learned Magistrate. Under the above circumstances, the person missing case may have to be closed. The 2nd respondent does not require the presence of either of the petitioners at the moment in connection with any enquiry or investigation. 3. We record all the submissions of the learned Government Pleader. We dispose of the Writ Petition directing the 2nd respondent that if in future the attendance of either of the petitioners is required by him in connection with any investigation or enquiry notice as contemplated W. P. C. No.31719 of 2011 -3- under Section 160 Cr.PC will be issued to them in advance. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE