IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 33957 of 2010(T) ------------------------------------- PETITIONER(S): ---------------------- 1. RAJESH, AGED 24 YEARS, S/O.RAJU, PARAPPALLIYIL, MANNANCHERRY, CHERTHALA, ALAPPUZHA. 2. ATHIRA, D/O.MANIYAPPAN, VALIYAPARAMBIL, PARAVOOR, ALAPPUZHA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT-688001. 2. THE SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, ALAPPUZHA DISTRICT-688001.. 3. THE SUB INSPECTOR OF POLICE, PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT. 4. VISWAMUTHU, AGED ABOUT 28 YEARS, MALLEKATTU, CHERTHALA SOUTH.P.O., CHERTHALA-688524. 5. RETNAMMA, MALLEKATTU, CHERTHALA SOUTH.P.O., CHERTHALA-688524. R1 TO R3 BY GOVERNMENT PLEADER SMT.KARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33957 OF 2010: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PETITIONERS' MARRIAGE INVITATION CARD. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.33957 of 2010-T ---------------------------------------------- Dated, this the 15th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i). to issue a writ of mandamus or any other appropriate writ order or direction commanding the Ist respondent not to force the Ist petitioner either to marry the 4th respondent or to pay any amount to her. ii). to issue a writ of mandamus or any other appropriate writ order or direction commanding 2nd and 3rd respondent to provide adequate protection for the life of the petitioners and also for the peaceful conduct of their marriage scheduled to be held on 18.11.2010 at Community Hall, Paravoor, Alappuzha.” 2. Briefly put, the case of the petitioners is as follows. Petitioners' marriage arranged by their respective families is fixed to be held on 18.11.2010. About 2 ½ years back the Ist petitioner had a short stint of platonic love affair with the 4th respondent while both were employed in an establishment. But, the Ist petitioner backtracked realising WPC 33957/2010 -2- that the 4th respondent is elder than him and belongs to a different caste. The Ist petitioner belongs to Viswakarma caste whereas the 4th respondent is a Hindu Pulaya. On coming to know about the Ist petitioner's marriage with the 2nd petitioner, the 4th respondent lodged a complaint to the Ist respondent who in turn summoned the Ist petitioner and directed him either to marry the 4th respondent or to pay Rs.1 lakh. The Ist respondent took such a stand owing to the influence of local leaders of BJP of which the 4th respondent is an active worker. The Ist petitioner did not meet the demand. It is stated that the Ist respondent warned the petitioner that if the direction is not obeyed, he will be implicated under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act). Apart from the threat of false implication in criminal cases petitioners are threatened by respondents 4 and 5 as well as by the workers of the political party. It is stated that they have declared that they will not allow the marriage to take place. 3. Though served there is no appearance for the party respondents. WPC 33957/2010 -3- 4. We heard the learned counsel for the petitioners and the learned Government Pleader. Learned Government Pleader would submit that Crime No.412/2010 of Arthungal Police Station has been registered under Sec.376 IPC and also under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act. Learned Government Pleader denies the allegation that the petitioner was threatened with charging of case against him unless Rs.1 lakh is paid. 5. Learned counsel for the petitioners submits that an order has been passed by this Court in B.A.No.7475/2010 to the effect that the Ist petitioner will not be arrested till 25.11.2010. 6. We have already passed an interim order of protection for one week. The interim order will continue for two weeks from today. We make it clear that this will not stand in the way of the investigation of Crime No.412/2010 of Arthungal Police Station in accordance with law. Thereafter, if there is any threat to the life of the petitioners from respondents 4 and 5 and if it is brought to the notice of the WPC 33957/2010 -4- 2nd respondent, the 2nd respondent will look into it and if the threat is found to be genuine, he shall afford protection to the life of the petitioners as against respondents 4 and 5. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS