WP(C) NO. 9903 OF 2023 1 2025:KER:25873 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 9903 OF 2023 PETITIONER/S: 1 AJAYAN NAIR AGED 40 YEARS S/O KUTTAPPAN MYLADUMTHADATHIL - MATTAPPALLY, NOORANADU, PIN - 690504 2 SUNITHA AGED 34 YEARS W/O AJAYAN NAIR MYLADUMTHADATHIL MATTAPPALLY, NOORANADU, PIN - 690504 BY ADVS. R.SUNIL KUMAR Vijitha V A.SALINI LAL ARUN KRISHNA NIKITHA SURESH RESPONDENT/S: 1 THE DISTRICT POLICE CHIEF SUPERINTEND OFFICE ALAPPUZHA-, PIN - 688012 2 DEPUTY SUPERINTEND OF POLICE DY.S.P OFFICE, CHENGANNUR, PIN - 689121 3 STATION HOUSE OFFICER NOORNADU POLICE STATION NOORNADU-, PIN - 690504 4 LALITHA, AGED 50 YEARS, NANDULAL BHAVANAM MATTAPPALLY, NOORNADU, PIN - 690504 5 RAJESH WP(C) NO. 9903 OF 2023 2 2025:KER:25873 RAJESH BHAVAN PALLIKKAL, PANAYIL NOORANADU, PIN - 690504 BY ADVS. GOVERNMENT PLEADER NAVEEN RADHAKRISHNAN OTHER PRESENT: GP.SRI.B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9903 OF 2023 3 2025:KER:25873 C.S.DIAS, J. --------------------------------------- WP(C) No. 9903 OF 2023 ----------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 to 3 to afford adequate police protection to the life of the petitioners from the threats of the party respondents 4 and 5. 2. The 2nd petitioner is the wife of the 1st petitioner. Prior to their marriage, the 1st petitioner was having a relationship with the 4th respondent. Thereafter, their relationship got strained. In 2022, the 1st petitioner got married to the 2nd petitioner. Subsequently, the 4th respondent went with her son to the 1st petitioner's house and attacked the 1st petitioner and his brother in law and Crime No.613/2022 was registered by the Nooranadu Police Station. The 4th respondent was granted bail by Ext.P2 order. As a counter blast to the above proceeding the 4th respondent has filed M.C.No.41/2022 before the Judicial First Class Magistrate Court-II, Nooranadu and Ext.P3 protection order has been passed in her favour. Subsequent to Ext.P3 order, WP(C) NO. 9903 OF 2023 4 2025:KER:25873 the respondents 4 and 5 have trespassed into the house of the petitioners and attacked them. Even though the 2nd petitioner had filed a complaint before the 1st respondent, no action has been taken in the matter. Since the 1st petitioner is employed abroad, the 2nd petitioner is living alone in the house. The 2nd petitioner is apprehensive that the party respondents may cause harm to her. Hence, the writ petition. 3. When the writ petition came up for consideration on 27.03.2023, this Court directed the 3rd respondent to afford adequate police protection to the life of the petitioners. The said order has been extended from time to time. 4. Heard; the learned counsel for the petitioners and the learned Government Pleader. Although notice have been served on the party respondents, there is no appearance for them. 5. On a consideration of the facts and the materials on record, particularly that there is a crime registered against the 4th respondent, and Ext.P3 protection order is passed in favour of the 4th respondent against the 1st petitioner, I am of WP(C) NO. 9903 OF 2023 5 2025:KER:25873 the view that the 3rd respondent is to be directed to ensure that law and order is maintained in the petitioners' locality, without interfering in any civil dispute between the parties. In the result, the writ petition is disposed of, by permitting the petitioners to approach the 3rd respondent and file a complaint, in case there is any threat from the part of the respondents 4 and 5. If such a complaint is filed, the 3rd respondent shall act upon the complaint in accordance with law, without interfering in any civil dispute between the 1st petitioner and the 4th respondent. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 9903 OF 2023 6 2025:KER:25873 APPENDIX OF WP(C) 9903/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS Exhibit P2 COPY OF THE ORDER IN B.A NO: 6676/2022 DATED 15/9/2022 Exhibit P3 COPY OF THE M.C NO: 41/22 PENDING BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, NOORNADU DATED 20/8/2022 Exhibit P4 COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED NIL Exhibit P5 COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT BY THE 1ST PETITIONER Exhibit P6 COPY OF THE PARTITION DEED NO: 2544/2013 DATED 30/12/2013