IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28626 of 2011(C) -------------------------- PETITIONER(S): --------------- NIRMALA, AGED 50 YEARS, W/O.LATE THANKAPPAN, VATTATHARA HOUSE, KAMMATTIPADOM DESOM, EAST OF KSRTC STAND, ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.V.SABU RESPONDENT(S): --------------- 1. COMMISSIONER OF POLICE, COCHIN CITY, KOCHI - 18. 2. ASSISTANT COMMISSIONER OF POLICE, LAW & ORDER, COCHIN CITY, KOCHI - 18. 3. CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, KOCHI - 18. 4. SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KOCHI - 20. 5. APPU V.I., S/O.IYYER, AGED 50 YEARS, VATTATHARA HOUSE, NEAR OLD VETERINARY HOSPITAL, VENNALA P.O., ERNAKULAM, KOCHI - 682 028. GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.28626 of 2011 ------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioner, a widow who is residing along with her two daughters, has filed this writ petition seeking directions for police protection from the atrocities which are being perpetrated by the 5th respondent who is her husband's brother. According to the petitioner, the 5th respondent is presently jobless and he is coming every now and then to the residence of the petitioner and harassing her. The petitioner complains that though Ext.P1 complaint was submitted to the vanitha police station, Ernakulam and Ext.P2 complaint to the Protection Officer under the provisions of the Domestic Violence Act, and Ext.P3 domestic Incident Report has been submitted by the Protection Officer before the Additional Chief Judicial Magistrate Court, Ernakulam in MC.12/2011, the threats and harassments from the part of the 5th respondent continues unabated. 2. Having considered the various averments in the writ W.P.(C).28626/11 -2- petition and the submissions of Sri.K.V.Sabu, learned counsel for the petitioner and also those of Mr. Dhanesh Mathew Manjooran, learned Government Pleader who have taken notice on behalf of respondents 1 to 4 as directed by us, we are of the view that this writ petition can be disposed of at this stage even without issuing notice to 5th respondent. Accordingly the writ petition is disposed of with the following directions. The petitioner is directed to submit a fresh petition before the 4th respondent the Sub Inspector of Police, Kadavanthra Police Station within whose limits the petitioner resides. Through the petition, the petitioner should voice all her grievances against the 5th respondent. If the 4th respondent receives such a petition from the petitioner within 5 days from today, the 4th respondent will conduct an immediate enquiry into the above petition. If it becomes necessary the 4th respondent shall summon the 5th respondent also as part of the above enquiry. If the enquiry reveals that there is truth in the allegations of the petitioner he shall take such action as is necessary for protecting the lives of the petitioner and her daughters and also to ensure peaceful residence of the petitioner and her daughters in their residential house. At any rate, the 4th W.P.(C).28626/11 -3- respondent shall keep vigil over the petitioner, the 5th respondent and the place of residence of the petitioner and ensure that no danger is occasioned to the petitioner and her daughters on account of 5th respondent. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb