IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28194 of 2011(Y) --------------------------------------- PETITIONERS: --------------------- 1. SUSHAMA, AGED 49 YEARS, W/O.BOBY, KUNIYARA HOUSE, ARAKKATHAZHAM, KODUNGALLUR, THRISSUR. 2. BOBY JOSEPH, KUNIYARA HOUSE, ARAKKATHAZHAM, KODUNGALLUR, THRISSUR. BY ADVS. SRI.C.HARIKUMAR, SMT.V.V.ASHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SUPERINTENDENT OF POLICE, THRISSUR- 680 609. 2. SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION- 680 664. 3. VIPIN, S/O.ASOKAN, MADATHARA HOUSE, ARAKKATHAZHAM, KODUNGALLUR, THRISSUR- 680 664. R1 & R2 BY GOVT. PLEADER SRI. M.K. ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28194/2011-Y: APPENDIX PETITIONERS' EXHIBIT:- EXT.P.1: COPY OF THE COMPLAINT PREFERRED BY THE P.1. TO THE R.2. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No. 28194 of 2011 ------------------------------------------- Dated this the 31st day of October, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. The petitioners are husband and wife. They seek directions to the 2nd respondent to desist from summoning them to the station house in connection with the complaint preferred by the 3rd respondent and his men. It is stated that, on 29.9.2011 at about 6 p.m., the 3rd respondent along with his henchmen had trespassed into the house of the petitioners carrying dangerous weapons, showering abuses and intimidating the family members. Eventhough the first petitioner preferred Ext.P1 complaint regarding the incident, the 2nd respondent took a lethargic attitude, is the allegation. It is complained that instead of taking action on Ext.P1, the petitioners were summoned by the 2nd respondent to the station house at the instigation of the 3rd respondent under his undue influence, and threatened that the petitioners will be implicated in criminal cases. 2. On the basis of directions issued from this court Sri.M.K.Aboobacker, learned Government Pleader appearing for respondents 1 and 2 got instructions in the matter. It is W.P.(C).28194/11 -2- submitted that there were complaints received with respect to the alleged incident, and both parties were summoned to the station house. Enquiry revealed that there occurred only a heated exchange of words. However, both parties were advised to maintain peace and to refrain from any violence. It is further submitted that no case has been registered and presence of the petitioners is no more required in connection with the incident as stated above. 3. We record the above submissions and dispose of the writ petition directing the 2nd respondent to keep vigil over the situation and to ensure that the dispute between the petitioners and the 3rd respondent does not give rise to any breach of peace or violence, at the instance of any one of the parties. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb