IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32318 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. S.MURALI, S/O.SIVAN PILLAI, AGED 57 YEARS, MURALIKA HOUSE, MANNADI P.O., KADAMPANAD VILLAGE, ADOOR TALUK, KOLLAM DISTRICT. 2. K.SIVAN PILLAI, S/O.KUNCHU PILLAI, AGED 87 YEARS, MURALIKA HOUSE, MANNADI P.O., KADAMPANAD VILLAGE, ADOOR TALUK, KOLLAM DISTRICT. 3. CHELLAMMA, W/O.SIVAN PILLIAI, AGED 83 YEARS, MURALIKA HOUSE, MANNADI P.O., KADAMPANAD VILLAGE, ADOOR TALUK, KOLLAM DISTRICT. 4. P.LEELA,D/O.SIVAN PILLIAI, AGED 55 YEARS MURALIKA HOUSE, MANNADI P.O., KADAMPANAD VILLAGE, ADOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 4. P. ANITHA, D/O.KUMARAN, AGED 44 YEARS, POOTHATTA HOUSE, KATTAMPALLI P.O., CHIRAKKAL VILLAGE, KANNUR DISTRICT-670 004. R1 TO R3 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE WOUND CERTIFICATE ISSUED FROM AKG HOSPITAL, KANNUR TO THE 1ST PETITIONER. EXT.P2 TRUE COPY OF THE FIR IN CRIME NO.1536/2011 OF KANNUR TOWN POLICE STATION. EXT.P3 TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM GENERAL HOSPITAL, ADOOR TO THE 2ND PETITIONER. EXT.P4 TRUE COPY OF THE PETITION SUBMITTED BEFORE TH 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NI. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- WP(C). No. 32318 of 2011 ----------------------------------------------- Dated this the 3rd day of December, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition filed by four members of the same family appears to be an offshoot of many a pending litigation in the Family Court and other courts at Kannur. It is conceded that there was some sort of live in relationship between the petitioners and the 4th respondent a few years ago. It is submitted that the 4th respondent has on the basis of such a relationship instituted several proceedings mainly against the first petitioner and also against the other petitioners. These litigations are pending before courts at Kannur, especially the Family Court, Kannur. According to the petitioners, in connection with defending the various litigations it is necessary for the petitioners especially the first petitioner to visit Kannur frequently. Every time the petitioners come over to Kannur there is threat to their WP(C). 32318/11 -2- lives and limbs from the part of the 4th respondent. Recently the first petitioner was stabbed with a knife by the 4th respondent. The police have registered crime No. 1536/11 (Ext. P2) in the Kannur Town Police Station. The above crime is under investigation. But the threat continues. 2. Sri. Dhanesh Mathew Manjooran, learned Govt. Pleader has taken notice on behalf of respondents 1 to 3. Having considered the averments in the writ petition, the various materials placed on record and the submissions addressed before us by Sri.V.T.Madhavan Unni, learned counsel for the writ petitioner and Sri.Dhanesh Mathew Manjooran, learned Government Pleader, we are of theview that relief to a certain extent can be given to the petitioner even without issuing notice to 4th respondent. 3. The first respondent before whom Ext.P4 is submitted by the petitioner will take up Ext.P4 and conduct WP(C). 32318/11 -3- an enquiry into the same. As part of the enquiry the first respondent can summon or meet the 4th respondent whose statement will be recorded in the presence of a woman police constable. If the enquiry reveals that there is subsisting threat to the lives of the petitioners as they allege the first respondent shall take such steps for protecting the lives and limbs of the petitioners whenever they come over to the limits of Kannur Town Police Station. In order that these directions are implemented the petitioner shall inform the first respondent sufficiently early as to the dates of their visit to Kannur. The petitioner is directed to send a copy of this judgment by registered post acknowledgment due, to the 4th respondent as soon as they receive the same. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) WP(C). 32318/11 -4- ksv/-