IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 27435 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- P.PURUSHOTHAMAN, 24/128, RAMANI VILAS, KANNACODE, MARTHANDAM, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.RAJU ABRAHAM PULPARA RESPONDENT(S): --------------------- 1. STATE OF KERALA, RPERESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA-695121. 4. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA-695 121. 5. S.B.MOHANAN, KARTHIKA NIVAS,VADIYAL THOPPU, CONVENT ROAD,NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM (NOW RESIDINGA T 'SREE DEVINILAYAM", 4TH CROSS, OIL MILL ROAD, L.R.PURAM, BANGALORE). 6. S.K.PREMALEKHA,W/O.S.B.MOHANAN, KARTHIKA NIVAS,VADIYAL THOPPU,CONVENT ROAD, NEYYATTINKARA VILLAGE-695 121,THIRUVANANTHAPURAM, (NOW RESIDINGA T 'SREE DEVI NILAYAM", 4TH CROSS, OIL MILL ROAD, L.R.PURAM, BANGALORE). 7. KRISHNANKUTTY, KARTHIKA NIVAS, VADIYAL THOPPU, CONVENT ROAD, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM-695 121. * ADDL. R8 IMPLEADED 8. M. PROMOD KUMAR, S/O. S.B.MOHANAN, KARTHIKA NIVAS, VADIYAL THOPPU, CONVENT ROAD, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM.(NOW RESIDING AT “SREE DEVI NILAYAM”, 4TH CROSS, OIL MILL ROAD, L.R.PURAM, BANGALORE). IS IMPLEADED AS ADDL. R8 AS PER ORDER DATED 25/11/2011 IN I.A. NO.18755/2011 R1 TO R4 BY GOVT. PLEADER SRI.RAJESH VIJAYAN R5 TO 7 BY ADV. SRI.LATHEESH SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 27435/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MARRIAGE CERTIFICATE DATED 20.09.2011. P2: COPY OF THE SETTLEMENT DEED NO.21341/2009 DATED 14.9.2009 IN FAVOUR OF PETITIONER'S DAUGHTER AND HER HUSBAND. P2(a):COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P2. P3: COPY OF THE PETITION DATED 20.9.2011 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE M.C. NO.3558/1 OF THE PRINCIPLE FAMILY COURT, BANGALORE /TRUE COPY/ P.A. TO JUDGE. svs P.S. GOPINATHAN, J. = = = = = = = = = = = W.P.(C) No. 27435 of 2011 = = = = = = = = = = = = = Dated this, the 12th day of December, 2011. J U D G M E N T This petition under Article 226 of the Constitution of India is filed seeking a writ directing the second respondent to take appropriate action on Ext.P3 and also directing respondents 2 to 4 to inform the petitioner the stage of the case or the action taken on Ext.P3. 2. Having heard the learned counsel appearing for the petitioner, it is seen that the allegation of the petitioner is that his daughter named Jothi Kamalam was subjected to cruelty at the hands of respondents 5 to 7, the in-laws and seeking action against them Ext.P3 was filed before the 3rd respondent. Going by Ext.P3 complaint, I find that no head or tail can be made out. It is not known as to why the daughter of the petitioner didn't make any complaint if there was violence against her and what prevented the petitioner from making direct enquiry with the respondents. In the event no action was taken by the police, the petitioner could have filed a complaint before magistrate. But petitioner rushed to this Court without resorting to other effective remedies available. W.P.(C). 27435/2011 2 In the above circumstances, petitioner is directed to draft an appropriate complaint and to file the same before the Magistrate concerned or before the 4th respondent, who shall take appropriate action in the event such a complaint is filed. This petition is disposed of as above. P.S. GOPINATHAN, (JUDGE) knc/-