IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 37531 of 2009(J) -------------------------- PETITIONER: --------------- JAYASREE, D/O.NASON, PANAKKODE VADAKKUM KARA, CHEROOR, OTTASEKHARAMANGALAM.P.O, NEYYATTINKARA. ADDRESS CORRECTED AS : JAYASREE, D/O. PANKAJAKSHI AMMA RODARIKATHU VEEDU, NALPARAKUZHI MAILAKKARA PO, KALLIKKADU VILLAGE ADDRESS CORRECTED AS PER ORDER DT.24.5.20 IN I.A. 6004/10. BY ADV. SRI.R.GOPAN RESPONDENTS: --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 2. THE CIRCLE INSPECTOR OF POLICE, KATTAKKADA POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION. 4. CHANDRA, S/O.SATHYANESAN NADAR, RODARIKATHU VEEDU, NALPURAKUNNU, MAILAKKOM.P.O, KUTTIKKADU VILLAGE. 5. SATHEESH KUMAR, S/O.SATHYANESAN NADAR, ISWARIYA BHAVAN, -DO- -DO- 6. BABY, W/O.SATHYANESAN NADAR, -DO- -DO- 7. SATHYANESAN NADAR, -DO- -DO- G.P. SHRI T K VIPINDAS FOR R1-3 ADV. SRI.G.SUDHEER FOR R4 SRI.BIJU .C. ABRAHAM FOR R6,7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON 01/07/2010 DELIVERED THE FOLLOWING: WP(C).No. 37531 of 2009 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : PHOTOCOPY OF THE FIR IN CRIME NO.148 /2009 PREPARED BY THE, NEYYAR DAM POLICE EXT.P2 : PHOTOCOPY OF THE NEWS REPORT IN MALAYALA MANORAMA KERALA KAUMUDI, DESABHIMANI EXT.P3 : PHOTOCOPY OF THE ORDER DT.26.62009 IN CMP.NO. 2388/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKKARA. EXT.P4 : PHOTOCOPY OF THE ORDER DT.2.11.2009 IN CRL.M.P. NO. 2856/2009 IN CRL.APPEAL NO. 757/2009 OF SESSIONS COURT, THIRUVANANTHAPURAM. EXT.P5 : PHOTOCOPY OF THE COMPLAINT DT.2.10.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P6 : PHOTOCOPY OF THE DISCHARGE CARD OF GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM. EXT.P7 ; PHOTOCOPY OF THE COMPLAINT DT.23.11.2009 FILED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXT.P8: PHOTOCOPY OF THE COMPLAINT DT.23.11.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P9 : PHOTOCOPY OF THE ORDER IN CMP.4950/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKKADA. EXT.P10 : PHOTOCOPY OF THE ELECTORAL IDENTITY CARD OF THE PETITIONER'S ELDER SISTER EXT.P11 : PHOTOCOPY OF DEATH CERTIFICATE OF PETITIONER'S MOTHER ISSUED BY BALAL GRAMA PANCHAYAT DT.22.5.2007. EXT.P12 : PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER IN I.A NO.4818/2009 IN O.S. NO.720/2009 DATED 4.3.2010. RESPONDENTS' EXHIBITS : EXT.R5(a) : TRUE COPY OF THE ELECTORAL CARD OF THE PETITIONER. EXT.R5(b): TRUE COPY OF THE EXTRACT FROM ELECTORAL ROLL OBTAINED UNDER THE RIGHT TO INFORMATION ACT. EXT.R5(c): TRUE COPY OF THE INTERIM ORDER DT.19.9.09 IN I.A. NO. 4818/2009 IN O.S. 720/09 OF THE ADDITIONAL MUNSIFF'S COURT II, NEYYATTINKARA. EXT.R5(d): TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE ISSUED BY THE SUPERINTENDENT, TALUK HOSPITAL, NEYYATTINKARA. EXT.R5(e) ; TRUE COPY OF THE SETTLEMENT DEED NO. 561/1986. EXT.R5(f): TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.R5(g): PAPER CUTTING OF FLASH DATED.15.6.2009. EXT.R4(a) : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION DT.3.3.2009 EXT.R4(b): TRUE COPY OF CASTE CERTIFICATE DT.21.1.98 ISSUED BY THE TAHSILDAR, NEYYATTINKARA. EXT.R4(c): TRUE COPLY OF PETITION O.P. 933/2009 FILED BY 4TH RESPONDENT BEFORE THE FAMILY COURT, TRIVANDRUM DT,.22.8.2009. EXT.R4(d) : TRUE COPY OF DOMESTIC INCIDENT REPORT IN CMP NO.2388/2009 SUBMITTED BY CITY PROBATION OFFICER, THIRUVANANTHAPURAM. EXT.R4(e) : TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE DATED 23.11.2009 ISSUED BY MEDICAL OFFICER, TALUK HOSPITAL, NEYYATTINKARA. // TRUE COPY // K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 37531 of 2009 J - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2010 JUDGMENT Joseph Francis, J. This Writ Petition under Article 226 of the Constitution of India is filed with the following prayers: “i) issue a writ of mandamus or order or direction to respondents 1 to 3 to afford sufficient police protection to the life ad property of the petitioner. ii) issue a writ of mandamus or order or direction to the third respondent to see that Ext.P3 order is strictly complied with. iii) issue a writ of mandamus or order or direction to respondents 2 and 3 to take proper action pursuant to Exts.P7 and P8 complaints.” W.P.(C).No. 37531 of 2009 2 2. The case of the petitioner briefly is as follows. The marriage between the petitioner and 4th respondent was solemnised on 10.4.2008 at Attukal Devi Temple, Thiruvananthapuram according to their rites and ceremonies. After the marriage, they lived together as husband and wife. While so, respondents 4 and 5 induced the petitioner for illegal relationship with others. The petitioner was not willing, which caused enmity in the minds of respondents 4 and 5. They brutally manhandled the petitioner, removed her clothes, dragged through the road and kept her there. 3. Crime No. 148 of 2009 of Neyyar Dam Police Station was registered for offences punishable under Sections 294B, 323 and 324 I.P.C. against respondents 4 and 5. The petitioner filed C.M.P. 2388 of 2009 before the Judicial First Class Magistrate Court, Kattakada under Section 12 of Protection of Women from Domestic Violence Act. The learned Magistrate, after hearing the parties, passed an interim order against the respondents from restraining the petitioner W.P.(C).No. 37531 of 2009 3 from entering the house and committing domestic violence upon her. The Station House Officer, Neyyar Dam Police Station was directed to give protection to the petitioner for implementation of the order. 4. On 23.11.2009, the 6th respondent trespassed into the house of the petitioner and taken away a gold chain weighing 3 sovereign and a ring and assaulted her. She was hospitalised. She filed complaint before respondents 2 and 3 against the 6th respondent and requested the police to give protection to her. Respondents 1 to 3 have not taken any action pursuant to Exts.P7 and P8 complaint. Hence she filed this Writ Petition. 5. Respondents 5 to 7 filed counter affidavit jointly and the 4th respondent filed a separate counter. 6. Heard learned counsel for the petitioner, learned counsel for the party respondents as also the learned Government Pleader. 7. The learned Government Pleader, on instructions, submits that the petitioner is not residing in the house in question. Respondents 4 W.P.(C).No. 37531 of 2009 4 and 5 are the sons of respondents 6 and 7. They disputed the marriage between the petitioner and the 4th respondent. The petitioner herein has filed C.M.P. 2388 of 2009 before the J.F.C.M., Kattaklkada under Section 12 of the Protection of Women from Domestic Violence Act and she has obtained an order dt. 26.6.2009 and the respondents therein are restrained from restraining the petitioner from staying in the disputed house. 8. In the counter filed by the 4th respondent it is stated that the petitioner came to his house as a Home Nurse for looking after his bedridden mother. The 6th respondent has filed O.S.No. 720 of 2009 before the Munsiff Court, Neyyattinkara against the petitioner and the 4th respondent herein to restrain them from making any obstruction to the peaceful possession and enjoyment and for taking income from the property. She obtained an interim order also. 9. Since the petitioner has filed a petition under Section 12 of the Protection of Women from Domestic Violence Act and availed W.P.(C).No. 37531 of 2009 5 equally efficacious remedy, we are of the view that this is not a fit case to invoke the discretionary jurisdiction under Article 226 of the Constitution. More over, proceedings under Article 226 of the Constitution are of summary nature and disputed questions of facts should not normally be agitated before this Court and this Court should not proceed to determine such questions. This Writ Petition is, therefore, dismissed as it is without any merit. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm