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 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 33455 of 2010(F) ------------------------------------- PETITIONER(S): --------------------- PADMAJAN A., S/O. AMBUJAKSHAN, MALIEKKAL THARAYIL, OLAKETTIYAMBALAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.SHABU SREEDHARAN RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT-691001. 2. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM-691011. BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.33455 of 2010-F ---------------------------------------------- Dated, this the 8th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to stop the harassment being caused to the petitioner. ii) to issue a writ of mandamus or any other appropriate writ,order or direction commanding the respondents not to disturb the petitioner at his workplace while he is performing the duties of Melsanthi at Varazhikathu Devi Temple, Thekevila, Kollam.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is working as a Melsanthi in a temple. He married a lady by name Geetha in the year 2002. She had been married to another person and that was not informed to the petitioner before the marriage. She left to Kuwait and returned in the year 2008. She is doing tailoring work at home and one Mohanan Pillai is frequently visiting the petitioner's wife house in the absence of the petitioner. Petitioner resisted the same and the relationship of the petitioner and his wife got strained. The allegation is that petitioner is being harassed by the police frequently visiting the temple premises on the basis of a false complaint filed by WPC 33455/2010 -2- his wife. 3. Learned Government Pleader, on instructions, submits that a complaint is received from the wife of the petitioner and having regard to the nature of the allegations police is only enquiring and that if need arises a crime will be registered against the petitioner. He would submit that there will be no harassment of the petitioner as such and there will be only lawful investigation/enquiry as provided in law. We record the same and close the writ petition. It is submitted by the learned counsel for the petitioner that petitioner is prepared to go to the station on intimation being given and he will co-operate with the investigation/enquiry. In the light of the above, learned Government Pleader would submit that police will not unnecessarily go to temple premises for the purpose of conducting investigation/enquiry. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS