IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 29509 of 2007(K) -------------------------- PETITIONER: ------------ 1. JASMIN U., CHARUVIL KIZHAKKETHIL HOUSE, MYLAPUR, UMAYANELLUR P.O., KOLLAM, FROM AAKKATTE PARAMBIL, VALLAKKADAVU P.O., VANDIPERIYAR, IDUKKI DISTRICT. 2. K.M.UMMER, -DO- -DO- 3. LAILA UMMER, -DO- -DO- 4. MUHAMMED IKBAL, -DO- -DO- 5. AZIYA NAZOOHA, AGED 7 YEARS, REP. BY MOTHER AND GUARDIAN, JASMIN U., (PETITIONER NO.1) -DO- -DO- 6. MUHAMMED BILAL, AGED 6 YEARS, REP. BY MOTHER GUARDIAN, JASMIN U., (PETITIONER NO.1), -DO- -DO- BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. SUPERINTENDENT OF POLICE, KOTTAYAM. 4. SUPERINTENDENT OF POLICE, IDUKKI. 5. MUJEEB RAHMAN P.A., S/O. LATE ABDUL LATHEEF, PARAKKAL HOUSE, BIRLA COLONY, K.E.ROAD, KANJIRAPPALLY, KOTTAYAM. 6. SHERIFA LATHEEF, W/O. LATE ABDUL LATHEEF, -DO- -DO- 7. ANOOP A.LATHEEF, -DO- -DO- 8. SHABEER A.LATHEEF, -DO- -DO- 9. SALEEM, THAIPARAMBIL, BIRLA COLONY, K.E.ROAD, KANJIRAPPALLY, KOTTAYAM. 10. THAMLIYATH SALEEM, W/O. SALEEM, BIRLA COLONY, K.E.ROAD, KANJIRAPPALLY, KOTTAYAM. 11. SAMARNAM SALEEM, THAIPARAMBIL, BIRLA COLONY, K.E.ROAD, KANJIRAPPALLY, KOTTAYAM. 12. SAKEER, K.M.VEGETABLE, NEAR KANJIRAPPALLY BRIDGE, K.K.ROAD, KANJIRAPPALLY. 13. THAHA, -DO- -DO- 14. ASHRAF, -DO- -DO- 15. ABDUL SALEM, KADAPPANAKUNNEL, VALLAKKADAVU POST, VANDIPERIYAR, IDUKKI. BY ADV. SRI.K.A.HASSAN SRI.LIJI.J.VADAKEDOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.29509/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF ORDER DATED 27-9-07 PASSED BY ADDL. SESSIONS COURT (SPL.) KOTTAYAM. EXT.P2. TRUE COPY OF COMPLAINT FILED BY PETITIONERS BEFORE RESPONDENTS 1 TO 4. RESPONDENTS' EXHIBITS: EXT.R5(a): PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND PETITIONER OF THE JUMA ATH OF THE 5TH RESPONDENT THROUGH HER JUMA ATH. EXT.R5(b). PHOTOCOPY OF THE LETTER ISSUED FROM THE JUMA ATH OF THE 5TH RESPONDENT TO THE JUMA ATH OF THE 2ND PETITIONER. EXT.R5(c). TRUE COPY OF O.P.NO.752/07 FILED BEFORE THE FAMILY COURT, ETTUMANOOR FOR RESTITUTION OF CONJUGAL RIGHTS. EXT.R5(d) TRUE COPY OF O.P.NO.753/07 FILED BEFORE THE FAMILY COURT AT ETTUMANOOR FOR THE CUSTODY OF CHILDREN. EXT.R5(e) TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE 1ST PETITIONER BEFORE THE FAMILY COURT AT ETTUMANOOR. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)Nos.29509 of 2007 ----------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- (i) issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 4 to afford adequate necessary and meaningful police protection to the life and property of the petitioners to have a peaceful life, for fearless journey and for other allied matters against the illegal and unlawful action of respondent Nos.5 to 15 and their agents. During the pendency of the writ petition, being essentially a family dispute this court took strenuous efforts to settle the earlier dispute between the first petitioner and the 5th respondent. It is submitted that they are now living happily along with their children. Unfortunately despite the earnest efforts taken by this court, the remaining dispute between the brother of the first petitioner and his wife the 11th respondent could not be settled. According to Sri.Abdul Jaseem (the brother) who appeared before this court pursuant to notice issued by this court, he had already pronounced Thalaq and there is no subsisting marriage between him and the 11th respondent. That is disputed by the 11th respondent. Be that as it may, we do not think that this court at this stage need take any further efforts in that W.P(C)No.29509/2007 -:2:- regard and the writ petition need not be kept pending in view of the facts and circumstances stated above. Now that much water has flown down after the filing of the writ petition, we make it clear that in case the petitioners have any grievance or apprehension, it will be open to them to approach the Sub Inspector of Police of the concerned Police Station in which case the said officer will look into the matter and take appropriate action in order to maintain law and order, maintaining peace and for the protection of their life. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------- W.P(C)No.29509/2007 ---------------------------- JUDGMENT 27th March, 2008