IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 W.P(C).No. 22880 of 2008(W) ------------------------------------------------- PETITIONERS: -------------------- 1. SUJA T.N. @ SUMA, W/O.SURESH N.M., AGED 29 YEARS, RESIDING AT NEDUMPALLYPADATH HOUSE, EDAYAKUNNAM P.O., SOUTH CHITTOOR, (NEAR CHERANELLOR) ERNAKULAM DISTRICT. 2. MALAVIKA SURESH, AGED 5 YEARS, REPRESENTED BY MOTHER AND GUARDIAN, SUJA T.N. @ SUMA, W/O.SURESH N.M., NEDUMPALLYPADATH HOUSE, EDAYAKUNNAM P.O., SOUTH CHITTOOR, (NEAR CHERANELLOR) ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION, CHERANELLUR P.O., ERNAKULAM. 3. N.M.SURESH, S/O.MADHAVAN, AGED ABOUT 35 YEARS, NEDUMPALLYPADATH HOUSE, EDAYAKUNNAM P.O., SOUTH CHITTOOR, (NEAR CHERANELLOR), ERNAKULAM DISTRICT. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R3 BY ADV. SRI.T.K.AJITHKUMAR (VALATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22880 OF 2008 PETITIONERS' ESHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 24.07.2008 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF THE RECEIPT DATED 27.07.2008 ISSUED BY THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(A) TRUE COPY OF THE WOUND CERTIFICATE DATED 18.7.2008 EXT.R3(B) TRUE COPY OF THE DISCHARGE SUMMARY EXT.R3(C) THE PHOTOGRAPH OF THE 3RD RESPONDENT. / TRUE COPY / H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.22880 of 2008 ------------------------------------------ Dated, this the 8th day of August, 2008 JUDGMENT A.K.Basheer, J. Petitioners are the wife and child of respondent No.3. According to the first petitioner, respondent No.3 has been harassing her and her child and their life is under threat at the hands of respondent No.3. 2. Petitioners have raised various allegations against respondent No.3 which have been controverted by the latter in his counter affidavit. According to respondent No.3, it is he who is, in fact, at the receiving end. It is alleged by him that his wife had poured boiled water on his face on July 18, 2008 and, in fact, he had to be admitted in the hospital. Ext.R3(c) photograph has also been produced by him in support of the above contention. 3. Having gone through the materials placed on record and having heard learned counsel for the parties, we have no hesitation to hold that no interference is warranted in this case under Article 226 of the Constitution of India, much less any direction as prayed for in the writ petition is liable to be issued. 4. However, we place on record the submission made by the learned counsel for respondent No.3 that his client had not caused any W.P.(C).No.22880 of 2008 2 harassment to the petitioners nor had he assaulted them as alleged. He has no intention to do so, either. 5. We make it clear that it will be open to the petitioners to take recourse to the remedies available to them under law in case there is any act of violence or assault from respondent No.3. Writ petition is accordingly closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns