IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24371 of 2010(V) -------------------------------------------------- PETITIONER(S): --------------------- MANOJ M.K., S/O.V.KRISHNANKUTTY, MANAPARAMBIL HOUSE, DEVASWOM NADA WEST, CHERAI.P.O. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP.BY ITS SECRETARY DEPARTMENT OF HOME, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, VANITHA CELL, TREASURY ROAD, ALUVA. BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.24371 OF 2010 V --------------------------------------------------- Dated this the 6th August, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: “Issue a writ of mandamus or any other appropriate writ or direction, directing the 2nd respondent and his men not to harass the petitioner and his family members.” 2. Briefly put, the case of the petitioner is as follows: Petitioner married one Smt. Siji and a child was born. There is allegation of ill-treatment by his wife and he had to leave the house of his wife to save his mental balance. It is stated that the second respondent called him stating that there is a complaint against him by his wife. In short, the allegation is one of harassment by the second respondent. WPC.24371/2010 V 2 3. Learned Government Pleader on instructions submits that on a complaint, the petitioner was called. There is arrangement for counselling and the petitioner himself requested and he has participated in one of the sessions and thereafter he has not turned up. It is submitted that the petitioner will not be harassed in the matter and at the same time, the respondents may have to proceed with the enquiry on the basis of the complaint in accordance with law. We dispose of the Writ Petition recording the submission the learned Government Pleader and leaving it free to the respondents, if so warranted, to proceed in the matter in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge