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 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19072 of 2011(H) ----------------------------------------- PETITIONER(S): ------------------------- JAMALUDEEN KUNJU, AGED 42 YEARS, S/O.KOCHUKUNJU, SALAMIYAMANSIL,KUNNIKKODU, VILAKKUDI P.O., KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SMT.M.K.SHIMI SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENT(S): ------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT-691001. 2. SUB INSPECTOR OF POLICE, KUNNIKKODU POLICE STATION, KOLLAM DISTRICT-691001. 3. ANSAR, AGED 35 YEARS, S/O.ABDULKALAM, THAMARASSERY VEEDU, KUNNIKKODU MURI, KOLLAM DISTRICT-691001. 4. NAVAV, AGED 33 YEARS, S/O.ABDULKALAM, THAMARASSERY VEEDU, KUNNIKKODU MURI, KOLLAM DISTRICT-691001. R1 & R2 BYGP SMT.C.M.CHARISMA R3 & R4 BY ADV. SRI.T.H.ABDUL AZEEZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19072/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MARRIAGE CERTIFICATE ISSUED BY NALLALAM PAZHAYA JUMA- ATH PALLY PARIPALANA COMMITTEE DTD. 1.7.2011. P2:- COPY OF THE COMPLAINT DTD. 5.7.2011 PREFERRED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss W.P.(C) NO.19072/2011 APPENDIX PETITIONER'S EXHIBITS P1:- PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 19072 of 2011 --------------------------------- Dated this the 21st day of July, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner seeks police protection from respondents 3 and 4 who are brothers of his first wife. Respondents 3 and 4 have filed a counter affidavit wherein they have contended that they have not caused any threat either on the life or on the properties of the petitioner. It is the petitioner who is trying to bring his second wife to the house where the first wife is residing. This cannot be permitted. It is also contended that before the Kottarakkara Family Court OP.NO.658/2011 filed by the first wife seeking declaration of title in respect of the building where she resides and for recovery of amounts is pending. The present writ petition has been filed as a counter blast to that OP. 2. Learned Government Pleader on instructions from the 2nd respondent submitted that the enquiry revealed that allegations in the writ petition are not correct. According to the learned Government Pleader at present there is no warrant for issuing direction to give police protection to the petitioner from WP(C).19072/2011 2 respondents 3 and 4. Sri.V.Sreevalsan, learned counsel for the petitioner submitted that a real threat subsists even now from the side of respondents 3 and 4 not only on petitioner's his life but also on his property. 3. We have considered the submissions addressed at the bar. The property in respect of which the petitioner seeks protection is the property which is the subject matter of OP.NO.658/2011. Evidently it is the first wife of the petitioner who is residing in the property in question. We decline the relief sought in respect of the property straight away. In view of the submissions made by the learned Government Pleader on the basis of instructions from police, we do not find any warrant for grant of police protection for the life of the petitioner either. However if in future any complaint is received from the petitioner complaining of any danger to his life from anybody including R3 and R4, the 2nd respondent will take such appropriate action on the basis of the facts revealed from the enquiry to be conducted by him. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).19072/2011 3