Merry v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 ------------------------- PETITIONER(S):
-------------- MERRY, W/O.YOHANNAN AGED 54 YEARS JINU BHAVAN, CHERUKOLE MURI CHENNITHALA VILLAGE, MAVELIKKARA.
BY ADVS.SRI.M.RAMASWAMY PILLAI SMT.PREETHY R. NAIR RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME AFFAIRS GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001
2. DISTRICT CHIEF POLICE OFFICER ALLEPPEY - 688 001
3. THE CIRCLE INSPECTOR OF POLICE MANNAR POLICE STATION, MANNAR 688 011.
4. THE SUB INSPECTOR OF POLICE MANNAR POLICE STATION, MANNAR 688011
5. KUMARI, ADVOCATE, D/O.P.C.BHUN PARPPADAKULAM, THONAIKAUD P.O, CHENGANNOOR ENNAIKADU VILLAGE, MANNAR 688 011.
6. P.C. BEN PARPPADAKULAM, THONAIKAUD P.O, CHENGANNOOR ENNAIKADU VILLAGE, MANNAR 688 011.
7. MONAYI VAZHAKOTTATHIL, CHERUKOL P.O, CHERUKOL MURI 688 012
8. YESUDASAN VAZHAKOTTATHIL, CHERUKOL P.O, CHERUKOL MURI 688 012
9. ANTONY ALIAS YOHANNAN ANTONY CHAITHARA VEETTATHIL, CHERUKOL P.O CHERUKOL P.O. CHERUKOL MURI, CHENNITHALA VILLAGE NOW RESIDING AT SRAMBIKKAL CHIRAYIL VEEDU PRAYAKKARA MURI, MAVELIKKARA P.O, 688 012 BY GOVERNMENT PLEADERSRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXT.P1 - TRUE COPY OF THE ORDER DATED 1-9-2014 IN CMP 4868/14 IN M.C.91/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR EXT.P2 - TRUE COPY OF THE COMPLAINT IN MALAYALAM DATED 15-12-14 BY THE PETITIONER AGAINST THE RESPONDENTS 5 TO9 BEFORE THE 4TH RESPONDENT EXT.P2(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P2.
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... ....................................................... Dated this the 2nd day of February, 2015
JUDGMENT
Shaffique, J.
Petitioner has approached this Court seeking police protection. Petitioner complains that the 9 th respondent/her husband is threatening and manhandling her. He demanded that she should move out from the place of her residence. Petitioner approached the Judl. First Class Magistrate and obtained an order dated 1-09-2014 in M.C. No. 91/2014 as per which a direction has been issued to the respondents including the 9 th respondent not to commit any act of domestic violence against the petitioner and that the respondents shall not dispossess the petitioner from the property. The complaint of the petitioner is that despite the
said order, the 9 th respondent is still threatening the petitioner and she is unable to move out from her house. A complaint has been filed as Ext.P2 before the 4 th respondent but no action has been taken in the matter.
2. The learned Government Pleader, on instructions, submitted that on the basis of the complaint Ext. P2, parties were summoned and they have reconciled the issues and the 9 th respondent has agreed that he will not act in a manner as complained by the petitioner. Another complaint was filed by the petitioner against her son which was also reconciled between the parties. The learned Government Pleader submitted that there is no untoward incident reported thereafter.
3. Though notice was ordered to the 9 th respondent, there is no appearance on his behalf.
4. Having regard to the nature of allegations, it is clear
that there is family dispute between the parties which they have to agitate before the appropriate forum. Petitioner can as well move the learned Magistrate for further orders. We only observe that if there is any offence being committed or any attempt to commit offence, the petitioner can approach the police who shall look into the matter and do the needful.
This Writ Petition is disposed of as above.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/