IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Con.Case(C).No. 932 of 2008(S) ---------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.6453/2006 DATED 10/03/2006 & THE ORDER IN RP.468/2006 DATED 10/08/2006 .................... PETITIONERS/LEGAL HEIRS OF THE PETITIONER: ----------------------------------------------------------------------- 1. UMMU BERKATH, W/O.LATE P.K.MUHAMMED, KARIMBANAKKAL HOUSE, ARKODE P.O.,VAZHAKKADU VIA, MALAPPURAM DISTRICT. 2. SAJITHA FATHIMA P.K., D/O.LATE P.K.MUHAMMED, KARIMBANAKKAL HOUSE, ARKODE P.O., VAZHAKKADU VIA, MALAPPURAM DISTRICT. 3. SERENA.P.K., D/O.LATE P.K.MUHAMMED, KARIMBANAKKAL HOUSE, ARKODE P.O., VAZHAKKADU VIA, MALAPPURAM DISTRICT. 4. AHAMMED KABEER.P.K., S/O.LATE P.K.MUHAMMED, KARIMBANAKKAL HOUSE, ARKODE P.O., VAZHAKKADU VIA, MALAPPURAM DISTRICT. BY ADV. SRI.T.P.KELU NAMBIAR (SR.) SRI.TOJAN J. VATHIKULAM SRI.M.SASINDRAN RESPONDENTS/RESPONDENTS 1 & 2: ------------------------------------------------------- 1. P.VIJAYAN, SUPERINTENDENT OF POLICE, MALAPPURAM. 2. MUHAMMED HANEEFA.M, SUB INSPECTOR OF POLICE, VAZHAKKADU, MALAPPURAM DISTRICT. BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- Cont. Case (C)No.932 of 2008 ------------------------------------------ Dated, this the 12th day of August, 2008 JUDGMENT H.L.Dattu, C.J. The husband of the first petitioner and father of the other petitioners was before this Court in W.P.(C) No.6453 of 2006. 2. In the writ petition it was claimed that the private respondents in the writ petition are his sons and they are threatening his life and the life of his wife and the other children. This Court after detailed consideration of the matter has disposed of the writ petition and in that has issued certain directions. The directions are as under: “If a complaint comes from the petitioner, his wife and his daughter, which requires intervention, the Police should ensure that appropriate steps are taken to maintain peace as comes within their jurisdiction.” ` 3. After disposal of the writ petition, it appears that the private respondents in the writ petition had threatened the life of the first petitioner and her daughters, and, therefore, she has lodged a complaint before the jurisdictional police authorities. After receipt of the complaint, it is stated by the respondents in their counter affidavit, that they have Cont. Case (C)No.932 of 2008 2 taken cognizance of the complaint and has registered a case against the private respondents. 4. Learned Senior Counsel appearing for the complainants would further submit that the action taken by the police authorities is insufficient and, therefore, according to the learned Senior Counsel, there is wilful and deliberate disobedience of the orders and directions issued by this Court. 5. We have carefully perused the orders passed by this Court while disposing of the writ petition. The one and the only direction that was issued by this Court was that, whenever a complaint is lodged either by the petitioner, his wife or his children, the police authorities would take appropriate steps to maintain peace and protect the life of the petitioner and her children. 6. In the counter affidavit, it is stated by the police authorities that whenever such complaints were received by them, they have taken appropriate action which is permissible under the provisions of the Indian Penal Code and the Code of Criminal Procedure. 7. After going through the counter filed by the contemnors, in our considered opinion, there is substantial compliance with the orders and directions issued by this Court. Therefore, for the present, we need Cont. Case (C)No.932 of 2008 3 not have to take cognizance of this complaint. Accordingly we close this contempt petition. However, we make it clear that whenever the first petitioner or her children files any complaint before the police authorities, they would take appropriate proceedings in accordance with law as directed by this Court while disposing of W.P.(C) No.6453 of 2006 dated 10th March, 2006. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk