IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 8775 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- KANNAN, AGED 32 YEARS, S/O.KRISHNAN, KOZHISSERY HOUSE, VALAPPAD BEACH, VALAPPAD, TRISSUR DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): -------------------------- 1. THE SUB-INSPECTOR OF POLICE, VALAPPAD POLICE STATION, TRISSUR DISTRICT, 678 001. 2. CIRCLE INSPECTOR OF POLICE VALAPPAD POLICE STATION, TRISSUR DISTRICT, 678 001. 3. RAMKRISHNA M.R., AGED 24 YEARS, S/O.M.S. RADHAKRISHNAN, MULEPARAMBIL HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT, PIN-682 502. R1 & R2 BY GOVT. PLEADER SMT.C.M. CHARISMA. R3 BY ADV. SRI.C.A.CHACKO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8775 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 14/03/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.8775 of 2011-V ------------------------------------------------- Dated this the 4th day of April, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner against the apprehended culpable and violent conduct of the 3rd respondent. 2. The 3rd respondent is the brother-in-law of the petitioner. According to the petitioner, the 3rd respondent is illegally insisting that the petitioner should not contest the proceedings for divorce initiated by the petitioner's wife against the petitioner. In the alternative, the 3rd respondent insists that the petitioner must file a joint petition for divorce along with his wife. The petitioner is not willing for either course. It is in this context that the 3rd respondent is illegally threatening the life and person of the petitioner. Appropriate directions may be issued, it is prayed. 3. The 3rd respondent has entered appearance. According to the 3rd respondent, the boot is on the other leg. The petitioner is guilty of culpable cruelty against his wife i.e., the sister of the 3rd respondent. The 3rd respondent has no intention to physically belabour the petitioner or to indulge in any violent conduct W.P.(C) No.8775 of 2011 -: 2 :- against him. The dispute will have to be resolved before the matrimonial court. No directions under Art.226 of the Constitution are, in these circumstances, necessary, submits the learned counsel for the 3rd respondent. 4. The learned Government Pleader, after taking instructions from respondents 1 and 2, submits that in the perception of respondents 1 and 2, there is no threat against the life or person of the petitioner. A complaint has been received from the wife of the petitioner. A crime under Sec.498A IPC has been registered. Investigation is now complete. Final report has already been filed. Police do not anticipate any threat to the law and order from the 3rd respondent. If there be any such threat, the petitioner shall be at liberty to complain and respondents 1 and 2 shall take necessary and prompt action, undertakes the learned Government Pleader. 5. We take note of, record and accept the submission of the learned counsel for the 3rd respondent. We record and accept the submission of the learned Government Pleader on behalf of respondents 1 and 2 that action, if any necessary, shall be taken if there be any such threat as alleged from the 3rd respondent against the petitioner. We are satisfied, in these circumstances, that no specific directions are necessary. W.P.(C) No.8775 of 2011 -: 3 :- 6. Accepting the submissions of the learned counsel for the 3rd respondent and the learned Government Pleader, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge