IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 36522 of 2009(I) ----------------------------------------------- PETITIONER(S): ---------------------- REGHURAM, S/O.GOPALAKRISHNAN NAIR, ISWARYA, THIRUMULLAVARAM, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 3. SRI.SUGATHAN, THE CIRCLE INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT. 4. RAJALEKSHMI, D/O.SUDARAN PILLAI, VISHNUDATHA, CHATHINAMKULAM, CHANDANATHOPPU P.O., KOLLAM. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K.VIPINDAS. ADV. SRI.B.SURESH KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.36522 OF 2009 I PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERT RESPONDENT DATED 13/12/2009. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 36522 OF 2009 I --------------------------------------------------- Dated this the 25th May, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. Issue a writ of mandamus or any other writ, order or direction compelling and commanding the third respondent not to harass the petitioner at the instance of the fourth respondent. ii. Issue a writ of mandamus or any other writ, order or direction compelling and commanding respondents 1 and 2 to give adequate and effective police protection to the life of the petitioner from the harassment of the third respondent at the instance of the fourth respondent.” 2. Briefly put, the case of the petitioner is as follows: Fourth respondent is the wife of the petitioner and the third WPC.36522/09 I 2 respondent is a close friend of the fourth respondent's sister's husband. Petitioner is an Astrologist. Petitioner, fourth respondent and their son were residing in the family house of the petitioner. Fourth respondent started quarrel with the clients who approach the petitioner with their problems. There is reference made to the alleged incident on 12.12.2009 involving the third respondent. There is harassment by the third respondent, it is stated. 3. This Court has already passed an interim order, inter alia, that the police shall not interfere with the family dispute between the petitioner and the fourth respondent. 4. Fourth respondent has filed a Counter Affidavit, inter alia, alleging that the petitioner is now living with a lady by name, Sheeba D'crus and is going to marry her. When the relationship was found out, the petitioner himself has agreed to transfer 9 cents of land and the house where the fourth respondent and her son are residing, in their name. It is stated that in order to wriggle out of the agreement, this Writ Petition WPC.36522/09 I 3 is filed alleging police harassment. Learned counsel for the fourth respondent would submit that under the guise of the order passed by this Court, the attempt is to forcibly evict the fourth respondent. 5. The Writ Petition is disposed of directing that the third respondent shall not interfere with the family dispute between the petitioner and the fourth respondent. We, however, make it clear that under the guise of this order, the police shall not forcibly evict the fourth respondent unless it being that it is done on the basis of any order of the competent body. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge