IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 33388 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. MOHAMMED BASHEER, NAVAS, MANZIL, CHATHANPADU, POTHENCODE, THIRUVANANTHAPURAM. 2. ARIFA BEEVI, NAVAS, MANZIL, CHATHANPADU, POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM. 2. SUB INSPECTOR OF POLICE, POTHENCODE. 3. NAJUMUDEEEN ROADARIKATHU MAJITHA MANDIRAM NANNATTUKAVU, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. 4. SIDDIQ ROADARIKATHU MAJITHA MANDIRAM NANNATTUKAVU, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. 5. THAHA ROADARIKATHU MAJITHA MANDIRAM NANNATTUKAVU, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. 6. SHAFI, AUTO DRIVER ROADARIKATHU MAJITHA MANDIRAM NANNATTUKAVU, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. WP(C).No. 33388 of 2009 -2- ADV. SRI.BABU KARUKAPADATH FOR R3 TO 6 SMT.M.A.VAHEEDA BABU FOR R3 TO 6 SRI.P.G.PRAMOD FOR R3 TO 6 SRI.KANDAMPULLY RAHUL FOR R3 TO 6 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33388 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE INTERIM APPLICATION NO.39/2009 IN A.S.NO.39/2009 FILED BY THE PETITIONERS BEFORE THE SUB COURT, NEDUMANGAD EXT.P2- TRUE COPY OF THE ORDER DATED 5.10.2009 IN I.A.NO.955/2009 IN A.S.39/2009 OF THE SUB COURT, NEDUMANGAD EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 21.10.2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4- TRUE COPY OF THE REPRESENTATION DATED 30.10.2009 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. (TRUE COPY) P.S.To Judge KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.33388 of 2009 ---------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed seeking the following prayer: “i. Issue a writ of mandamus or any other appropriate writ or direction commanding the respondents 1 and 2 to give adequate and meaningful protection to the life of the petitioners and their children, and for their peaceful residence and existence.” 2. On 26.11.2009, this court has granted an interim order. 3. Learned counsel appearing for the petitioners submits that in view of the interim order, no further orders are necessary. However, learned counsel appearing for the party respondents submits that the interim order granted by this court may not be used as a cover for preventing the magistrate court/the police from exercising their statutory duty of W.P.(C).No.33388 of 2009 :: 2 :: enquiry/investigation on complaints filed by the respondents. In the above circumstances, the writ petition is disposed of in terms of the interim order dated 26.11.2009, making it clear that this judgment shall not stand in the way of the magistrate of competent jurisdiction/the police conducting appropriate enquiry/investigation in respect of the complaints involving the parties. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//