IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30877 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. ELDHO SHAJI, S/O.SHAJI VARGHESE, AGED 22 YEARS, VELUTHOTTAM HOUSE, SESHADRI NAGAR, KOPPAM, PALAKKAD DISTRICT. 2. SREEVIDYA M., D/O.MARIYAPPAN, AGED 19 YEARS, NOW RESIDING AT VELUTHOTTAM HOUSE, SESHADRI NAGAR, KOPPAM, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD DISTRICT. 678 003. 2. MARIYAPPAN.M., HOUSE NO.12/183, VELLAM STREET, 'VIDHYA NIVAS', KOPPAM AMSOM, SULTANPET, PALAKKAD- 678001. ADV. SRI.U.BALAGANGADHARAN FOR R-2 SR. GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.30877 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER. EXT.P2: TRUE COPY OF THE NOTICE IN TERMS OF THE SPECIAL MARRIAGE ACT. EXT.P3: TRUE COPY OF COMPLAINT BEFORE THE 1ST RESPONDENT. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30877 of 2010 ---------------------------------------- Dated this the 14th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) Issue a writ in the nature of mandamus commanding the 1st respondent to afford adequate and meaningful police protection to the lives of the petitioners. ii) Issue a writ in the nature of mandamus commanding the 1st respondent to ensure that the 2nd respondent do not interfere with the peaceful living of the petitioners and the family of the 1st petitioner. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioners have decided to marry. 1st petitioner is aged 22 years and the 2nd petitioner is aged 19 years. The fact that the 2nd petitioner decided to marry the 1st petitioner who belongs to a different cast antagonized some of the religious leaders of the community of the 2nd petitioner. The 2nd respondent is the father of the 2nd petitioner. Petitioners fear that they would be killed if they fall into the hands of those who W.P.C.No.30877 of 2010 2 are hunting them. Petitioners have given Ext.P2 notice before the Sub Registrar, Palakkad for marrying in terms of the Special Marriage Act. A detailed counter affidavit is filed by the second respondent. 4. We have heard the learned counsel for both parties and the learned Government Pleader. The learned counsel for the respondent would submit that the allegations made against him are totally incorrect and he has not threatened the petitioners and he has no intention to cause any threat to the lives of the petitioners. It is also pointed out that a habeas corpus petition is being filed. 5. We record the submission of the learned counsel for the 2nd respondent. We further direct that in case there is any threat by the second respondent to the petitioners, the petitioners may bring it to the notice of the 1st respondent who will look into the matter and if the threat is found to be genuine, he shall provide protection to the lives of the petitioners as against the second respondent. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30877 of 2010 3 W.P.C.No.30877 of 2010 4 W.P.C.No.30877 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010