IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 22789 of 2009(P) -------------------------- PETITIONER(S): --------------- SUBRAMANYAN, AGED 64 YEARS, S/O.LATE SHRI.KUMARAN, VADAPARAMBIL (H), EDAKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KATTOOR. 2. CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA. 3. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA. 4. SUDHARSAN, AGED 40 YEARS, S/O.SUBRAMANYAN, VADAPARAMBIL HOUSE, EDAKULAM DESOM, POOMANGALAM VILLAGE, EDAKULAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. GOVT.PLEADER SRI.T.K.VIPINDAS-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.22789 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the order in CMP 1052/2009 dated 02.02.2009 of JFCM, Irinjalakuda. Ext.P2: True copy of the FIR dated 09.05.2009 of the Kattoor Police Station. Ext.P3: True copy of the complaint dated 23.05.2009 to the 1st respondent by the petitioner. Ext.P4: True copy of the complaint dated 01.06.2009 to the 3rd respondent by the petitioner. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 22789 OF 2009 --------------------------------------------- Dated this the 15th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 to 3 to give adequate and effective police protection to the life of the petitioner and his family members from the threat of the 4th respondent; ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 to 3 to ensure that the 4th respondent do not attack the petitioner and his family members; iii.to declare that the 4th respondent has no right to enter the house of the petitioner when the order of the learned Magistrate is in existence under the Domestic Violence Act. 2. Pursuant to the direction of this Court, the petitioner was present, but, not the 4th respondent. We directed the police to ensure that law and order is maintained. The learned Government Pleader, on instruction, submits that the 4th respondent has already left the State. It is also W.P.(C) NO. 22789/2009 2 submitted that a warrant is pending against the 4th respondent in Crime No. 209 of 2009 of Kattoor Police Station and that as soon as he is traced, he will be apprehended. By the interim order dated 28.8.2009, we have directed respondents 1 to 3 to render adequate and effective police protection to the life of the petitioner and his wife. The Writ Petition is, therefore, disposed of in terms of the interim order. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 22789/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.22789/2009 JUDGMENT 15th October, 2009