IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 12771 of 2010(Q) ---------------------------------------- M.C.NO.56/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA. ............... PETITIONER(S): ------------------------ RASHEEDA BEEVI W/O.IQBAL, PUTHAN MALIEKKAL HOUSE, THOTTUMUGHAM, ALUVA-ERNAKULAM. BY ADV. SRI.RAJIV NAMBISAN, SRI.RAJEEV K.S. RESPONDENT(S): -------------------------- 1. KERALA STATE, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA,. R1 & R2 BY GOVT. PLEADER MR.P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.12771 OF 2010 --------------------------------------------- Dated 20th September, 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus directing second respondent to assist the petitioner to implement Ext.P2 order. Case of the petitioner is that in Ext.P1 petition filed under Section 12 of Protection of Women from Domestic Violence Act before Judicial First Class Magistrate's Court-I, Aluva, by Ext.P2 order learned Magistrate restrained the respondents in M.C.56/2009 from dispossessing the petitioner and also directing respondents to remove themselves from the shared household and thereafter petitioner filed Ext.P3 petition before Wpc 12771/10 2 Judicial First Class Magistrate for executing Ext.P2 order and therefore, a direction is to be issued to the second respondent to assist the petitioner for implementing the order. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Learned Government Pleader on instructions submitted that house claimed to be the shared household is now closed for about one month and nobody is residing therein. According to the learned counsel appearing for the petitioner it was locked by the respondents in M.C.56/2009. Petitioner has not impleaded the respondent in M.C.56/2009 in this petition. Learned counsel submitted that Ext.P3 petition was subsequently withdrawn in view of the arrangements made by the police Wpc 12771/10 3 during the pendency of the petition. In such circumstances as no petition is pending before the Magistrate for implementing the order, petition is disposed granting liberty to the petitioner to approach the learned Magistrate for appropriate order. M.SASIDHARAN NAMBIAR, JUDGE. uj.