IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6242 of 2011(E) ------------ PETITIONER(S): ----------------------- 1. SHAMEER, S/O.ABDUL LATHEEF, SHAMEER MANZIL, ANDOORKONAM, THIRUVANANTHAPURAM. 2. RAJI, W/O.SHAMEER, SHAMEER MANZIL, ANDOORKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM – 695 001. 2. CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM, THIRUVANANTHAPURAM – 695 032. 3. SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, THIRUVANANTHAPURAM – 695 009. 4. SATHEESAN, MAYA BHAVAN, VELLOOR, KOYTHOORKONAM P.O., THIRUVANANTHAPURAM – 695 012. 5. BHASKARAN, KARTHIKA BHAVAN, VAZHAVILA, ANDOORKONAM P.O., THIRUVANANTHAPURAM – 695 011. 6. RAMACHANDRAN NAIR, B.R.NIVAS, PALLIPPURAM, PALLIPPURAM P.O., THIRUVANANTHAPURAM – 695 014. 7. SAVITHRI AMMA, PUTHUVEL PUTHEN VEEDU, G.C.COLONY, ANDOORKONAM, THIRUVANANTHAPURAM – 695 121. R1 TO R3 BY GOVT. PLEADER SRI. JAIBY PAUL R4 TO R6 BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 6242 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CERTIFICATE OF MARRIAGE BETWEEN THE PETITIONERS. EXT.P2 : COPY OF THE REPRESENTATION DATED 8.2.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE 3RD RESPONDENT. EXT.P3 : COPY OF THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF EXT. P2. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:6242 OF 2011 E ----------------------------------------------------------- Dated this the 8th March, 2011. JUDGMENT Basant, J. The petitioners have come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 3 to afford police protection to the petitioners against alleged illegal acts and apprehended illegal acts on the part of respondents 4 to 7. 2. Petitioners are a couple who have got married in accordance with the provisions of the Special Marriage Act as per Ext.P1 certificate issued by the Marriage Officer on 8-11-2010. The marriage was evidently without the blessings/approval of the parents and relatives of the second petitioner/wife. It is the grievance of the petitioners now that the seventh respondent, the mother of the second petitioner is causing unjustifiable and illegal obstruction to the peaceful life of the petitioners. Respondents 4 to 6 are at the instance of the seventh respondent indulging in such illegal, contumacious and culpable acts. Appropriate directions may be issued to ensure WPC 6242/2011 2 that the petitioners are permitted to live in peace. They belong to different religions, it is pointed out. 3. Respondents 4 to 7 have entered appearance through counsel. Learned counsel for respondents 4 to 7 submits that all the allegations are false. The allegations are denied. It is true that the marriage of the second petitioner with another was proposed and scheduled to take place. But the second petitioner allegedly went away from the house of the seventh respondent. It is alleged that she went away taking ornaments also. Be that as it may, the learned counsel for respondents 4 to 7 submits that respondents 4 to 7 have no intention whatsoever to cause any objection or obstruction for the peaceful life and residence of petitioners 1 and 2. But all the allegations are false. Allegations of having committed, cognizable offences are also raised against respondents 4 to 7. The categoric undertaking of respondents 4 to 7 that they shall not cause any obstruction to the peaceful life of the petitioners may be recorded. Further proceedings in this writ petition may in these circumstances be closed accepting the undertaking of respondents 4 to 7. 4. Learned Govt. Pleader after taking instructions from respondents 1 to 3 submits that in the perception of police officials there is no threat to the person or life or peaceful WPC 6242/2011 3 residence of the petitioners. It is true that the petitioners have got married against the wishes and without the approval of the seventh respondent. If there be any threat to the life or person of the petitioners, sufficient and adequate police protection shall be given to the petitioners by respondents 1 to 3. No specific directions are necessary. Proceedings may now be closed, it is submitted. 5. We accept the submission made on behalf of respondents 4 to 7 by the learned counsel. We accept the submission on behalf of respondents 1 to 3 made by the learned Govt. Pleader. We are satisfied that no further and specific directions need be issued. 6. This writ petition is in these circumstances allowed in part to the above extent. We make it clear that we have not intended to accept or express any opinion in the acceptability of the allegations raised by the petitioners about the alleged offences committed by respondents 4 to 7. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 6242/2011 4 WPC 6242/2011 5