IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 19941 of 2008(Y) -------------------------- PETITIONER(S): --------------- ROSAMMA XAVIER, AGED 61 YEARS, W/O.XAVIER, MANGAT VEETIL, PETTA, POONITHURA VILLAGE, ERNAKULAM. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, KOCHI CITY ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM DISTRICT. 4. GIJO BABY, AGED 36 YEARS, S/O.T.BABY DEPY .CTI, SOUTH RAILWAY STATION, ERNAKULAM. ADV. SRI.C.S.MANU FOR R4 SRI.S.K.PLREMRAJ FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C. NO. 19941/2008 PETITIONER'S EXTS: EXT.P1: TRUE PHOTOCOPY OF THE BORDER DAT ED 19-6-2008 OF THE HON'BLE JFCM COURT I ALUVA IN MP NJO. 95/2008. EXT.P2: TRUE COPY OF THE PETITION DATD 16-6-2008 BEFORE COMMISISONER OF POLICE KOCHI CITY, ERNAKULAM DISTRICT. EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC NO. 5975/2008 DATED 22-3-08. TRUE COPY P.S. TO JUDGE KS. K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 19941 OF 2008 ============================ DATED THIS THE 12TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court feeling aggrieved by the alleged threat to her life and that of her husband from the part of the 4th respondent, who is their son-in-law. The 4th respondent and the petitioner's daughter are separated. Against violence from the part of the 4th respondent, the petitioner's daughter moved the Judicial First Class Magistrate Court-I, Aluva and obtained Ext.P1 order. Since the petitioner and her husband have given asylum to her daughter, the 4th respondent is threatening them. He went to the work place of the petitioner's husband and threatened him. Thereafter, through telephone the petitioner and her husband are being threatened and harassed. They are not allowed to live in peace. So, the petitioner has preferred Ext.P2 representation before the Commissioner of Police, Kochi City and thereafter this writ petition is filed. WPC.19941/2008 -2- 2. The learned Government Pleader, upon instructions, submitted that both sides were summoned to the police station and it was found that the 4th respondent has not telephoned the petitioner as alleged. He telephoned only once or twice. He has been strictly warned not to call or harass the petitioner and her husband. At present, there is no situation to order police protection to the petitioner, it is submitted. Going by Ext.P2, we notice that the same does not disclose any cognizable offence based on which the police can proceed. Even then the police have done whatever they can do by calling the 4th respondent and warning. Therefore, we find that there is no failure of duty on the part of the police. Accordingly, the writ petition is closed without affecting the rights of the petitioner to move other forums for appropriate reliefs. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks. WPC.19941/2008 -3-