IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 32736 of 2010(N) ------------------------------------- PETITIONER(S): --------------- 1. ANNE SEBBY,W/O.SEBBY, CHEMBISSERI HOUSE,IST FLOOR CHITTOOR ROAD, COCHIN-17. 2. SEBBY, S/O.K.J.PAUL, CHEMBISSERI HOUSE, IST FLOOR CHITTOOR ROAD, COCHIN-17. BY ADV. SRI.C.D.JONHY SMT.MEREENA JOSEPH RESPONDENT(S): ------------------------ 1. THE COMMISSIONER OF POLICE ERNAKULAM,PIN-682 031. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM,PIN 682 031. 3. KOCHURANI, W/O.JOMON, FROM MAMBILLY HOUSE,NEAR BALAJI INDUSTRIES,MAKKANAI,MANNANAM ROAD,MANNANAM PO,PARAVOOR, PRESENTLY RESIDING AT CHEMBISSERI HOUSE 1ST FLOOR CHITTOOR ROAD, COCHIN-17, PIN-682 017. 4. JOMON CHERIAN,MAMBILLY HOUSE, NEAR BALAJI INDUSTRIES MAKKANAI, MANNAM ROAD, MANNANAM PO,PARAVOOR, PIN-683 520. R1 & R2 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. R3 BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER SRI.G.ARUN GOPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32736 OF 2010-N PETITIONER'S EXHIBITS: EXT.P1.COPY OF THE PLAINT IN OS NO.549/2010 ON THE FILE OF THE MUNSIFF COURT, ERNAKULAM. EXT.P2.COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN OS.NO.549/2010. EXT.P3.COPY OF THE PETITION SUBMITTED BY THE IST PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, DATED 16.9.2010. EXT.P4.COPY OF THE ORDER IN CRL.M.P.5661/2010 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. RESPONDENT'S EXHIBITS: EXT.R3A.TRUE COPY OF THE PETITION FILED BY THE 3RD RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 19.9.2010. EXT.R3B.TUE COPY OF THE ORDER IN MP NO.5661 OF 2010 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 16.9.2010. EXT.R3C.TRUE COPY OF THE COMMISSION REPORT IN OS NO.549/2010 OF THE 2ND ADDITIONAL MUNSIFF COURT, ERNAKULAM DATED 2.6.2010. EXT.R3D.TRUE COPY OF THE LETTER ISSUED BY THE BROTHERS OF THE 2ND PETITIONER DATED 8.11.2010. ANNEXURE-R2A.TRUE COPY OF THE ORDER DATED 16.9.2010 IN CRL.M.P.NO.5661/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE-R2B.TRUE COPY OF THE ORDER DATED 1.10.2010 IN CRL.M.P.NO.5661/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.32736 of 2010-N ---------------------------------------------- Dated, this the 22nd day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court complaining of harassment by the police in a domestic dispute. Proceedings have been initiated by the petitioners before the Magistrate under the Protection of Women from Domestic Violence Act, 2005 against the 3rd respondent. The 3rd respondent is none other than the sister-in-law of the Ist petitioner. The 3rd respondent is the wife of the 4th respondent. It appears that, the Magistrate originally granted an order in favour of the petitioner. Subsequently, the Magistrate vacated the order. The complaint is that the police officer is harassing the petitioners under the influence of respondents 3 and 4 by directing the petitioners to vacate their residence. Learned counsel for 3rd respondent would contend that they are in possession of the Ist floor. Whatever that be the learned Government Pleader would submit that police will not interfere in the matter as apprehended by the WPC No.32736 of 2010 -2- petitioners. We record the same and dismiss the writ petition. We make it clear that this will be without prejudice to the right of the parties to approach any competent forum. When the matter comes before any forum, that forum shall proceed to decide it untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS