IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23147 of 2011(P) -------------------------- PETITIONER(S): --------------- 1. LIJOMON T JOY S/O.JOY, AGED 26 EYARS, THUNDIYIL HOUSE, PERINGASSERY PO, IDAMARUK KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT. 2. SHIJINA, D/O.BABU, AGED 22 YEARS KUMBALLOTT HOUSE, SANTHINAGAR BHAGOM CHANIYAMKADAVU PO, THIRUVALLOOR VILLAGE VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE IDUKKI DISTRICT 685 603. 2. THE S.I. OF POLICE KARIMANNOOR POLICE STATION, IDUKKI DISTRICT 685 581. 3. BABU, KUMBALLOOT HOUSE, SANTHINAGAR BHAGOM, CHANIYMKADAVU PO, THIRUVALLOOR VILLAGE, VADAKARA TALUK KOZHIKODE DISTRICT 673 573. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23147/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE RECEIPT DATED 18/8/2011 ISSUED BY THE SUB REGISTRAR'S OFFICE, KARICODE, THODUPUZHA. EXT.P2: COPY OF THE PETITION DATED 9/8/2011 SENT BY THE 2ND PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE POSTAL RECEIPT FOR SENTING EXT. P2. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.23147 OF 2011 ------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners two adult unmarried persons have approached this court seeking police protection for their lives against what is described as threats and interference by the 3rd respondent and his men. According to the petitioners, they are in love and they have decided to get married under the provisions of the Special Marriage Act and Ext.P1 receipt has been issued by the concerned Marriage Registrar regarding the notice given by them in respect of the proposed registration of their marriage under the Special Marriage Act. The 3rd respondent is the father of the second petitioner who is very much opposed to the proposed marriage . According to the petitioners, on account of threat and contumacious actions of the 3rd respondent and his men, the petitioners who are presently living together are WPC.No.213147/2011 2 finding life extremely difficult. They complain that though they submitted Ext.P2 petition before the first respondent - District Police Chief, no action has been taken so far. According to them, they are living under constant fear of danger to their lives. Even though notice was served on the 3rd respondent by special messenger, he has not chosen to enter appearance before this court for the purpose of resisting this writ petition. 2. Sri.T.K.Vipin Das learned Government Pleader submitted that on the basis of the complaint submitted by the 3rd respondent, Vadakara Police Station has registered a person missing case. If what the petitioners allege is true, it is always open to them to appear before the JFMC, Vadakara and seek appropriate reliefs from the learned Magistrate, so submitted the learned Government Pleader. 3. We find force in the submissions of the learned Government Pleader. We dispose of this writ petition directing the petitioners to appear before JFCM, Vadakara in the person missing case, which has been registered by the Vadakara police. The petitioners are free to move the learned Magistrate for appropriate reliefs. The 2nd respondent will ensure by affording WPC.No.213147/2011 3 necessary protection that the petitioners are able to travel to Vadakara peacefully so that they can appear before the Vadakara Magistrate and make necessary motions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk