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. 19858 of 2011(F) -------------------------- PETITIONER(S): --------------- S.S.DEEPTHI, AGED 27 YEARS, W/O.REJI, S.R.BHAVAN, AYIROOR, BHARATHANNOOR, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM.695001 2. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.695036 3. THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT.695036 4. THE SUB INSPECTOR OF POLICE, PANGODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.695134 5. REJI, S/O.LATE SREEDHARAN, MEDICAL SYSTEM GROUP, T.C.27/373, ANDOOR BUILDINGS, GENERAL HOSPITAL ROAD, VANCHIYOOR, THIRUVANANTHAPURAM, RESIDING AT S.R.BHAVAN, AYIROOR, BHRATHANNOR P.O.,THIRUVANANTHAPURAM, PIN-695132. 6. REJITHA, W/O.BIJU, AGRICULTURE ASSISTANT, SREEMOOLAM, CHINGELI, KADAKKAL P.O., KOLLAM DISTRICT.691001 7. C.S.RADHA, W/O.SREEDHARAN, S.R.BHAVAN, AYIROOR, BHARATHANNOR P.O., THIRUVANANTHAPURAM, PIN-695132. BY GOVT.PLEADER SRI.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19858/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 21/5/2010 IN CMP NO.3156/2010 IN MC NO.50/2010 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II NEDUMANGAD. EXT.P2: COPY OF THE JUDGMENT DATED 31/8/2010 IN CRIMINAL APPEAL NO.409/2010 OF THE ADDITIONAL SESSIONS JUDGE-II, THIRUVANANTHAPURAM EXT.P3: COPY OF THE ORDER DATED 8/3/2011 IN CRL.M.P. NO. OF 2010 IN CRL. R.P. NO.693 OF 2011 OF THIS HON'BLE COURT. EXT.P4; COPY OF THE COMPLIANT DATED 28/3/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5; COPY OF THE COMPLIANT DATED 28/3/2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPYOF THE COMPLAINT DATED 28/3/2011 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P7: COPY OF THE COMPLAINT DATED 20/6/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 19858 OF 2011 ------------------------ Dated this the 21st day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a 27 year old women, has filed this writ petition seeking police protection for enforcement of Ext.P1 residence order passed under the provisions of the Protection of Women from Domestic Violence Act 2005. According to her, though Ext.P1 order was modified by the court of appeal under Ext.P2, Ext.P2 order has been stayed by this court in Crl.R.P.No.693/2011 filed by the petitioner (Ext.P3). 2. Mr. Biju Balakrishnan learned counsel for the petitioner submitted that despite Ext.P3 order of stay, the petitioner who was previously residing in the building is not being permitted by the party respondents to enter into the building. 3. Having considered the submissions of Mr.Biju Balakrishnan, we feel that the remedy of the petitioner lies not in the present jurisdiction. The petitioner either move the learned Magistrate under Section 19(5) or any other appropriate provisions of the Domestic Violence Act. It is open to the WPC.No.19858/2011 2 petitioner even to move this court by appropriate application in Crl.R.P No.693/2011 which is pending before this court. Relegating the petitioner to those remedies, we dispose of this writ petition without examining the merits of the grounds raised. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk