IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 31604 of 2010(A) -------------------------------------- PETITIONERS: --------------------- 1. BIJULAL, S/O. E.K.AYYAPPAN, ELIYAMKUNNATH HOUSE, KADANGODE P.O., ERUMAPETTY, THRISSUR DISTRICT. 2. E.K.AYYAPPAN, RESIDING AT -DO- 3. NARAYANI, RESIDING AT -DO- BY ADV. SRI.P.K.ANIL. RESPONDENTS: ------------------------ 1. K.P.SHEENA, D/O. PADMANABHAN, SRS NIVAS, KURUTTUKULANGARA HOUSE, CHALISSERY P.O., TRICHUR DISTRICT, PIN-679 536. 2. SHAJU, RESIDING AT -DO- 3. K.T.MOHANAN, KADAVARATH HOUSE, CHALISSERY P.O., TRICHUR DISTRICT. 4. K.T.RAJAN, RESIDING AT -DO- 5. K.P.MURALI, RESIDING AT -DO- W.P.(C). NO.31604/2010-A: 6. S.I. OF POLICE, ERUMAPETTY POLICE STATION, PIN-679 531. 7. SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, PIN-679 536. 8. SUPERINTENDENT OF POLICE, TRICHUR, PIN-680 001. 9. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R5 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADVS. SMT.M.M.DEEPA, SRI.V.A.JOHNSON (VARIKKAPPALLIL), R6 TO R9 BY GOVT. PLEADER SMT. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31604/2010-A: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE RECEIPT EVIDENCING THE DEPOSIT OF RS.7 LAKHS IN THE SOUTH INDIAN BANK DTD. 05/10/2010. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE COMPLAINT DTD. 04/10/2010. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31604 of 2010 ---------------------------------------- Dated this the 18th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) writ of mandamus or any appropriate writ order or direction, directing the Respondents 6 to 8 to give adequate and sufficient protection to the life of the petitioners against the misdeeds of Respondents 2 to 5. 2. Briefly put, the case of the petitioners is as follows: 3. Petitioners 2 and 3 are the aged parents of the 1st petitioner. 1st respondent is the wife of the 1st petitioner. Respondents 2 to 5 are close relatives of the 1st respondent. It is stated that the 1st respondent has insulted the 1st petitioner openly. She became violent towards the petitioners. There is reference to property matters. 4. Protection is sought. 5. Counter affidavit is filed by respondents 1 to 5. They have denied the allegations. In the counter affidavit, it is inter alia stated as follows: 2nd respondent, the brother of the 1st W.P.C.No.31604 of 2010 2 respondent, is working abroad and no property whatsoever is demanded by the 1st respondent or her family members. The 1st petitioner purchased 35 cents of property in the year 2007 by selling the ornaments of the 1st respondent given to her by her parents at the time of marriage. In the month of August, the 1st petitioner himself compelled the 1st respondent to sign a joint petition for divorce and he would offer Rs.3 lakhs to the 1st respondent for living away from him. The alleged incident on 03/10/2010 is only a cooked up story. They have filed Ext.R1(a) complaint. The learned counsel for the party respondents denies the allegation made by the petitioners and submits that there is no intention to cause any threat to the petitioners. 3. We record the said submission and dispose of the writ petition. We make it clear that we have not pronounced on the correctness of the allegations made by the parties. If the matter comes before any court/forum, the said court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31604 of 2010 3 W.P.C.No.31604 of 2010 4 W.P.C.No.31604 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010