High Court of KeralaWP(C)/12692/2015disposed of

P.M.Illiyas @ Payyadi Meethal Ilyas v. The Sub Inspector Of Police

2015-04-28Honourable Mr.Justice A.M.Shaffique,Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(C).No. 12692 of 2015 (J) ---------------------------- PETITIONER(S):

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1. P.M.ILLIYAS @ PAYYADI MEETHAL ILYAS AGED 24 YEARS S/O.ABDULLAH, PAYYADI MEETHAL HOUSE, POOLAKADAVU ROAD CHEVAYOOR VILLAGE AND DESOM P.O.MARIKUNI KOZHIKODE TALUK - 673 012.

2. AYSHA HASSAN M.T.P. AGED 19 YEARS D/O.K.ASSAINAR ALIAS K.KUNHASSAINAR, M.T.P.HOUSE P.O.MANIYATTE PERMANENTLY RESIDING AT CHANDERA KASARGODE DISTRICT - 671 310.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT-673 017

2. THE CITY POLICE COMMISSIONER KOZHIKODE CITY, KOZHIKODE - 673 001.

3. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE KANNUR DISTRICT.

4. THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, CHEVAYOOR KOZHIKODE DISTRICT - 673 017.

5. THE SUB INSPECTOR OF POLICE CHANDERA POLICE STATION, CHANDERA, KASARGODE 671 310

6. K. ASSAINAR ALIAS K.KUNHASSAINAR S/O.ABDUL REHMAN, M.T.P.HOUSE, P.O.MANIYATTE CHANDERA KASARGODE DISTRICT- 671 310.

R1 TO R5 BY GOVERNMENT PLEADER SRI.RAMAPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12692 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1 - A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE ON 30.3.2015 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT MARRIAGE OFFICER EXT.P2 - A TRUE COPY OF THE RECEIPT NO.AE 991497 ISSUED FROM THE OFFICE OF THE SUB REGISTRAR, CHEVAYOOR.

EXT.P3 -A TRUE COPY OF THE FRONT PAGE OF THE PASSPORT OF THE 1ST PETITIONER EXT.P4 - A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER EXT.P5 - A TRUE COPY OF THE COMPLAINT CMP NO.1979 OF 2015 FILED BY THE 6TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR ALONG WITH TRUE ENGLISH TRANSLATION EXT.P6 - A TRUE COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER THROUGH HIS ADVOCAT IN CMP NO.1979 OF 2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT PAYYANNUR EXT.P7 - A TRUE COPY OF THE APPLICATION DATED 18.4.2015 REQUESTING FOR POLICE PROTECTION SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8 - A TRUE COPY OF THE APPLICATION DATED 18.4.2015 REQUESTING FOR POLICE PROTECTION SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P9 - A TRUE COPY OF THE APPLICATION DATED 18.4.2015 REQUESTING FOR POLICE PROTECTION SUBMITTED BEFORE THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

A.M.SHAFFIQUE & P.V.ASHA, JJ ---------------------------------------------- W.P(C).No.12692 of 2015 ---------------------------------------------- Dated this the 28th April, 2015

JUDGMENT

Shaffique, J.

The petitioners claim that they are intending to get married, for which they have given notice as contemplated under the Special Marriage Act. In the meantime, the second petitioner's father, the 6th respondent had filed a complaint alleging that his daughter had been abducted by the petitioner. A man missing case was originally filed before the Chandera Police Station. The petitioners appeared before the Magistrate having jurisdiction over the said area. Their statements were recorded and the case has been closed. In the meantime, the 6th respondent filed another complaint before the Judicial First Class Magistrate Court, Payyannoor and the case is now posted for appearance on 30.4.2015. The petitioners apprehend that if they appear before the Magistrate Court, there is every chance that their life would be threatened.

WP(C).12692/15

2. The learned Government Pleader, on instruction, would submit that the Police will render necessary assistance for the petitioners to appear before the Court of Judicial Magistrate of First Class at Payyannoor.

3. In the said circumstances, there will be a direction to the first respondent to ensure that sufficient police protection is granted to the petitioners to appear before the Court of Judicial Magistrate of First Class, Payyannoor on 30.4.2015 and for return of their journey. The Writ Petition is disposed of as above.

A.M.SHAFFIQUE JUDGE P.V.ASHA, JUDGE vgs28/4/15