IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22581 of 2011(W) -------------------------- PETITIONER(S): --------------- SABNA, AGED 28 YEARS, D/O.KUNHAVARANKUTTY, MANJUTHODUVIL HOUSE, KARIPPOLE POST, VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD, PIN-678 001. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, PIN-679 303. 3. MOHAMMED HANEEFA, AGED 43 YEARS, S/O.KUNHIMOHAMED HAJI, KALAKANDATHIL HOUSE, NEDUNGOTTUR P.O., PATTAMBI, MALAPPURAM DISTRICT, PIN-679 308. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NOP.22581/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TYPED COPY OF THE ORDER IN C.M.P. NO.4576/2011 DATED 15/7/2011 PASSED BY THE J.F.C.M.1 TIRUR. EXT.P2: COPY OF THE CMP NO.4576/2001 FILED BY THE PETITIONER BEFORE THE JFCM TIRUR DATED 28/7/2011. /TRUE COPY/ P.A.. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 22581 OF 2011 ------------------------ Dated this the 19th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner is the wife of the third respondent. She alleges that the 3rd respondent has married another woman without divorcing the petitioner. She also alleges that though the third respondent was residing along with the petitioner and their two sons in the third respondent's house, after the 3rd respondent married the other woman, he has forcibly ejected the petitioner and the sons from his house. The petitioner has already obtained a protection order under the Protection of Women from Domestic Violence Act, from the Judicial First Class Magistrate Court, Tirur and Ex.P1 is the above order. She filed Ext.P2 seeking directions to the police officer concerned for implementation of Ext.P1 order. The learned Magistrate has expressed the view that he does not have the power to issue WPC.No.22581/2011 2 directions to the police for implementation of orders in the nature of Ext.P1. 2. We are at a loss to see why the learned Magistrate took the view that he does not have power to seek police assistance in the matter of implementation of protection and like orders passed by him under the provisions of the Protection of Women from Domestic Violence Act. According to us, Section 19(5) read with 19(7) confers on the learned Magistrate ample powers to seek the assistance of the Station House Officer concerned in the matter of implementation of protection orders. Perhaps the prayer in Ext.P2 is not properly worded. What is sought for is a direction to the Station House officer to initiate legal action against the 3rd respondent. 3, We direct the learned Magistrate to construe Ext.P2 as an application seeking rendition of police assistance in the matter of implementation of Ext.P1 residence-cum-protection order. With the above directions, we dispose of the writ petition without granting the prayers made therein. It is needless to mention that the learned Magistrate will realise the gravity of the WPC.No.22581/2011 3 situation and expedite matters. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk