IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 24612 of 2008(E) -------------------------- PETITIONERS: ------------ 1. K.SUBHADRA, WIDOW OF K.SUKUMARAN, AGED 62 YEARS, FROM MEKKATHIVANASSERI, MUNGLAVU VEEDU, EDAVAL, OTTASEKHARAMANGALAM.P.O, NOW RESIDING IN JAYAVILAS, MUNNADIKONAM, OOROOTTAMBALAM.P.O, THIRUVANANTHAPURAM. 2. S.SREEKUMAR, AGED 39 YEARS, S/O.LATE SRI.K.SUKUMARAN,FROM MEKKATHIVANASSERI, MUNGLAVU VEEDU, EDAVAL, OTTASEKHARAMANGALAM.P.O, NOW RESIDING IN JAYAVILAS, MUNNADIKONAM, OOROOTTAMBALAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (HOME), GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR, VELLARADA, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, ARYANKOD, NEYYATTINKARA TALUK, TRIVANDRUM DISTRICT. 5. S.SANAL KUMAR, S/O.K.SUKUMARAN, AGED 35, THUNDUVILAKATHU VEEDU, KADAVARA DESOM, NEYYATTINKARA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. 6. V.JAYASREE, WIFE OF S.SANAL KUMAR, AGED ABOUT 28, THUNDUVILAKATHU VEEDU, KADAVARA WPC 24612/2008 DESOM, NEYYATTINKARA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. 7. N.SUDHAKARAN, AGED ABOUT 45 YEARS, CHUNDAVILAKOM VEEDU, EDAVAL, OTTASEKHARAMANGALAM.P.O., THIRUVANANTHAPURAM. 8. R.SIVADAS, RESIDING IN CHAITHANNYA, KARUMAM.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.KRISHNAMOORTHY FOR R5 TO 8 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 24612/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 6.8.2008 SENT BY THE PETITIONERS TO THE 2ND RESPONDENT. EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 6.8.2008 SENT BY THE PETITIONERS TO THE 3RD RESPONDENT. EXT.P2(a) – TRUE COPY OF POSTAL RECEIPT. EXT.P3 - TRUE COPY OF ACKNOWLEDGEMENT FOR THE COMPLAINT SUBMITTED ON 9.12.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 24612 OF 2008-E ----------------------------------------- Dated 26th August, 2008. JUDGMENT Balakrishnan Nair, J. The 1st petitioner is the mother of the 2nd petitioner and the 5th respondent. The 6th respondent is the wife of the 5th respondent and the 7th respondent is the brother of the 1st petitioner. The 8th respondent is the father of the 6th respondent. The petitioners submit, the 5th respondent sent musclemen to drive them out from the house of late K.Sukumaran, who is the husband of the 1st petitioner and father of the 2nd petitioner and the 5th respondent. They were driven out of that house by the goondas sent by the 5th respondent. They were also manhandled by those persons, it is alleged. So, they have moved the police by filing Ext.P1 and P2 representations. Thereafter, this writ petition is filed, seeking protection to their life. 2. The respondents 5 to 8 have filed a counter affidavit. They WPC 24612/08 2 would submit that the 5th respondent married the 6th respondent against the wishes of the petitioners. So, the 5th respondent was driven out of his parental home and now he is residing with his family in a house at Neyyattinkara. The allegations of manhandling, sending goondas to harm the petitioners etc., are denied by the 5th respondent. 3. The learned Government Pleader, upon instructions, submitted that the police have registered a crime, based on the complaint filed by the 1st petitioner. 4. This being a family dispute, the parties may approach other appropriate forums and settle the matter. But, we record the submission made on behalf of the 5th respondent that he has no intention, whatsoever, to harm the petitioners personally or by sending musclemen. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/ WPC 24612/08 3