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 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 19759 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. RESHMI CHANDRAN, AGED 22 YEARS, D/O.RATNAVALLI, SREE VIHAR, NO.7,KUDAPPANAKUNNU THIRUVANANTHAPURAM 2. ANIL T.P,S/O.THANKAPPAN, T.C.76/2349,BINDHU BHAVAN, ANAYARA P.O BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY-695001 2. CIRCLE INSPECTOR OF POLICE, PEROORKADA CIRCLE,PEROORKADA-695001 3. SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION-695001 4. D.M.CHANDRAN, SREE VIHAR, NO.7,KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695001 R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX:- EXT. P1 TRUE COPY OF RECEIPT TO ISSUE STATUTORY NOTICE FOR REGISTERING THE MARRIAGE UNDER SPECIAL MARRIAGE ACT. EXT.P2 TRUE COPY OF THE PETITION BEFORE THE 1ST RESPONDENT SEEKING POLICE PROTECTION. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 19759 of 2011 ----------------------------------------------- Dated this the 26th day of July, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioners who claim to be persons who have attained majority and quite competent to enter into a valid marriage submit that on their own volition they have issued statutory notice for registering their proposed marriage under the Special Marriage Act and relies on Ext.P1 representation. According to them, respondent Nos. 2 and 3, the officials of the police, at the behest of the 4th respondent father of the first petitioner, are harassing them. In this writ petition they seek direction for police protection and a further direction to the police that they may not be harassed. Pursuant to an order passed by us on 20-7-2011 Sri.T.K.Vipindas, learned Govt. Pleader sought instructions. He submitted before us that the allegations in the writ petition are unfounded. A crime was registered by -2- Peroorkada Police Station as Crime No.571/11 on the basis of a complaint submitted by first petitioner's uncle for person missing. On investigation into the crime, it has been revealed that the second petitioner is already married and his first wife is on the family way. We are convinced that the submissions of the learned Govt. Pleader are correct. We decline jurisdiction, but make it clear that it will be open to the petitioners to pursue remedies if any, available to them under the Code of Criminal Procedure in respect of the crime already registered. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-