IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33643 of 2011(E) ------------------------------------ PETITIONER : -------------------- S.MOHANAN, S/O.SOMANATHAN, AGED 58, FOUR-S NIVAS, CHEMMARUTHI, AMBILIMUKKU VADASSERYKONAM P.O, PIN - 695 143 BY ADVS. SRI.R.ANILKUMAR SMT.A.ARSHA RESPONDENTS : ----------------------- 1. CIRCLE INSPECTOR OF POLICE, VARKALA - 695 141 2. SUB-INSPECTOR OF POLICE, KALLAMBALAM P.O, THIRUVANANTHAPURAM, PIN - 695 102 3. SHIBU, S/O.SMT.SATHYAVATHY, AGED 35, THIRUVATHIRA, CHEMMARUTHY, VADASSERYKONAM P.O, PIN - 695 143 4. SMT.SATHYAVATHY, D/O.SOMAN, AGED 58 THIRUVATHIRA, CHEMMARUTHY, VADASSERYKONAM P.O., PIN - 695 143 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 33643 of 2011(E) APPENDIX PETITIONER'S EXHIBITS : P1 : PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT ON 31.01.2011. P2 : PHOTOCOPY OF THE REPRESENTATION DATED 13.12.2011 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33643 OF 2011 ------------------------ Dated this the 16th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a 58 year old man, complains that the 4th and 3rd respondents without any justifiable cause is holding themselves out to be his wife and son respectively. He submitted that before the Family Court , Nedumangad, the 4th respondent has filed OP (HMA) No.1550/2009 seeking declaration of her status as the duly wedded wife of the petitioner. The petitioner points out that the Family Court has not so far issued any interim orders against the petitioner in that OP. The petitioner complains that there is frequent threat from the part of the 3rd respondent at the instigation of the 4th respondent on his life and limbs . According to him, though he submitted Ext.P1 petition before the Sub Inspector of Police followed by Ext.P2 before the Circle Inspector, no action has far been taken on Exts.P1 and P2. Hence, this writ petition for directions for police protection. W.P.(C) No. 33643 /2011 2 2. On this writ petition coming up for admission, Sri.Susheel Cyriac learned Government Pleader has taken notice on behalf of respondents 1 and 2 and we have heard him also. 3. Having considered the averments in the writ petition and the materials placed on record along with the same and the submissions addressed before us by Sri.R.Anil Kumar learned counsel for the petitioner and Sri.Susheel Cyriac learned Government Pleader, we are of the view that it is not necessary that we take a decision as to the correctness of the claim raised by respondents 3 and 4 against the petitioner, nor it is necessary that we take a decision on the correctness of the petitioner's allegation against respondents 3 and 4. Ext.P1 has been submitted by the petitioner before the 2nd respondent and Ext.P2 before the first respondent. We direct the first respondent to make over Ext.P2 also to the 2nd respondent. The 2nd respondent is directed to conduct an enquiry into Exts.P1 and P2 immediately. As part of the enquiry, the 2nd respondent shall summon or meet respondents 3 and 4. If it becomes necessary to record the statement of the 4th respondent, the 2nd respondent shall do so in the present of CPO(women). If the W.P.(C) No. 33643 /2011 3 enquiry reveals that there is truth in the allegation of the petitioner that there is subsisting threat to the lives and limbs of the petitioner and other members of the petitioner's family from the part of respondents 3 and 4, the 2nd respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioner and members of his family who reside along with him. 4. The petitioner is directed to send a copy of this judgment as soon as he gets the same by registered post with acknowledgment due to the 4th respondent. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33643 /2011 4