IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 22070 of 2011(G) -------------------------- PETITIONER(S): --------------- 1. P. MURALEEDHARAN, S/O. PADMANABHAN, CHOTHI NIVAS, SADATH NAGAR-33, KALLUMTHAZHAM.P.O. KILIKOLLOOR, KOLLAM. 2. PADMAVALLY, W/O. P.MURALEEDHARAN, CHOTHI NIVAS, SADATH NAGAR-33, KALLUMTHAZHAM.P.O., KILIKOLLOOR, KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN RESPONDENT(S): --------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM-1. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST CIRCLE OFFICE,KOLLAM-1. 3. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION,KOLLAM-4. 4. BINU.M., S/O. P.MURALEEDHARAN, CHOTHI NIVAS, SADATH NAGAR-33, KALLUMTHAZHAM.P.O., KILIKOLLOOR, KOLLAM-4. 5. SINDHU.P.M., W/O. BINU.M., CHOTHI NIVAS, SADATHA NAGAR-33, KALLUMTHAZHAM.P.O., KILIKOLLOOR, KOLLAM-4. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22070/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 12/12/2010 BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 22/1/2011 IN CMP NO.663/11 IN MC NO.14/11 OF THE JFCM-1 KOLLAM. EXT.P3: COPY OF THE INDUSLAND BANK RECEIPT DATED 3/1/2011. EXT.P4: COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 8/7/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 22070 OF 2011 ------------------------ Dated this the 12th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, who are the parents of 4th respondent and parents -in -law of the 5th respondent, allege that after obtaining Ext.P2 order of protection and residence from the Judicial First Class Magistrate Court, Kollam under the provision of Section 28(2) of the Protection of Women from Domestic Violence Act , respondents 4 and 5 have become more aggressive in their attitude towards the petitioners. It is alleged that those respondents, who were previously residing along with the petitioners, have shifted their residence to the first floor portion of the building and have started making the lives of the petitioners more miserable. It is alleged that they are compelling the petitioners to sell the properties which belong to them. According to them, they moved the police by filing Exts.P4 complaint, but, the police has not taken any action so far. WPC.No.22070/2011 2 2. We have heard Sri.Shabu Sreedharan learned counsel for the petitioners and Sri.T.K.Vipin Das learned Government Pleader, who has taken notice on behalf of respondents 1 to 3. Mr.Shabu Sreedharan would make submissions on the basis of the averments in the writ petition. He submitted that Ext.P2 restrains respondents 4 and 5 from entering into the building. They were bound to vacate the building by Ext.P2. It was not done so. In stead, they are harassing the petitioners to a maximum extent. 3. We have considered the submissions. According to us, if the allegations raised by the petitioners are correct, they are to move the The learned Magistrate herself by proper petition under sub sections (5) and (7) of Section 19 of the Protection of Women from Domestic Violence Act. It may also be possible for them to request for initiation of penal proceedings under Section 31 of the Act. We relegate the petitioners to such remedies. At the same time, we direct the 3rd respondent - Station House Officer to inspect the building, which is subject matter of Ext.P2, immediately and to do whatever is necessary for maintaining law and order situation in that building and for WPC.No.22070/2011 3 averting any danger to the lives of the petitioners who are old people. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk