IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 28417 of 2009(V) -------------------------- PETITIONER(S): --------------- A.M.CHEKKU, S/O.MOHAMMED, AMBALATHUVEETTIL, EDAMUTTAM, THRISSUR. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKKUDA, THRISSUR DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE,VALAPPAD, THRISSUR DIST. 6. THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR DISTRICT. 7. SHAMSUDHIN P.I., PANIKKASSERIKADAVIL, KATTOOR P.O., IRINJALAKKUDA, THRISSUR DISTRICT. 8. NAVAS P.S., S/O.SAIDU, PANIKKASSERIKADAVIL, KATTOOR P.O., IRINJALAKUDA, THRISSUR DISTRICT. ADV. SRI.K.B.GANGESH FOR R7 SMT.SMITHA CHATHANARAMBATH FOR R7 GOVT.PLEADER SRI.T.K.VIPINDAS-R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.28417 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the report. Ext.P2: True copy of the representation. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 28417 OF 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 2 to 6 to provide necessary and adequate police protection to the petitioner and his family members from the seventh and eighth respondents and their men.” 2. The dispute essentially involved in this case has a checkered history. It is learnt that the son of the petitioner Shihabudhin was in love with Miss. Sanam, daughter of the 7th respondent. It is seen that the parties had been before this Court earlier in an Habeas Corpus Writ Petition and the said Sanam had expressed her desire to go with the parents. The 7th respondent, who is present before us, submits that his daughter is happily pursuing her studies and that she has no connection with Shihabudhin. The petitioner, who is present before us, however, submits that his son still loves the said Sanam. But, the fact remains that Shihabudhin is now in W.P.(C) No. 28417/2009 2 Qatar. The 7th respondent submits that neither himself nor any members of his family has any intention to interfere with the peaceful life of the petitioner, his wife, son or other members of the family and that he only wants that they should not interfere with his peaceful life and that of the members of his family. The petitioner and his wife, who are present before us, submit that they have absolutely no intention to cause any disturbance to the peaceful life of the 7th respondent and the members of his family. In that view of the matter, despite the persuasive submission made by the petitioner for tackling the issue involved in this case, we do not think that we would be justified in going into those aspects, particularly, for the reason that the son of the petitioner is not on the party array and not available also and in view of the submission made by the 7th respondent that his daughter has totally forgotten Shihabudhin and is now pursuing her studies. In the circumstances, we dispose of the Writ Petition in terms of the submissions made by the parties. The petitioner and his wife need not have any apprehension of any interference by the 7th respondent. We make it clear that in case either party has any complaint of unlikely interference into their peaceful life by the other side, it will be open to them to approach the 5th respondent in which case, the 5th respondent will render W.P.(C) No. 28417/2009 3 necessary protection to them. We request the parties not to publish the contents of the Writ Petition or the judgment in any print or electronic media. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) No. 28417/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.28417/2009 JUDGMENT 23rd October, 2009