2018 Supreme(Online)(Ker) 79180
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHEELA PRABHAKARAN – Appellant
Versus
THE DISTRICT POLICE CHIEF – Respondent
WP(C) 34893/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON &
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940 WP(C).No. 34893 of 2018 PETITIONER/S:
1 SMT.SHEELA PRABHAKARAN, AGED 54 YEARS, W/O PRABHAKARAN.D, PRABHALAYAM KURAMPALA, PANDALAM P.O., PATHANAMTHITTA-689 501.
2 VISHNU PRABHAKARAN, AGED 23 YEARS, S/O.D.PRABHAKARAN, PRABHALAYAM KURAMPALA, PANDALAM P.O, PATHANAMTHITTA -689 501.
BY ADVS.
SRI.G.HARIPRASAD SMT.T.RESHMA RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF, PATHANAMTHITTA, OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA.
2 THE CIRCLE INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA.
3 AJESH P.S S/O. SUNDARAM M.R., PUTHEN PURAYIL, GURUKLAM MUDIYOORKONAM P.O, PATHANAMTHITTA, KERALA-689 501.
OTHER PRESENT:
SR GP. P.P. THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
P.R.Ramachandra Menon, J.
Petitioners, who are the Mother and son respectively, are before this Court referring to the highhanded activities being pursued by the 3rd respondent, who is none other than the son-in-law of the 1st petitioner.
2. The learned counsel for the petitioner points out that the marriage between the daughter of the 1st petitioner (sibling of the 2nd petitioner) with the 3rd respondent took place on 06.05.2018 and ever since then, the 3rd respondent was taking every opportunity to harass the daughter of the 1st petitioner and in turn, against the petitioners as well. It is pointed out that the actual conduct and character of the 3rd respondent was revealed only subsequently, adding that he is a habitual drunkard and is engaged in antisocial activities. Because of the said circumstances, the daughter and the 3rd respondent fell apart and they are residing separately. There was a demand to return the amount and gold ornaments given at the time of marriage to the 3rd respondent, besides a brand new car as well along with such other household articles. This is sought to be evaded by the 3rd respondent who has taken the law into his hands and by virtue of the continuing threat, the 2nd petitioner, who is a student is not in position to go to his educational institution and pursue his studies. Though the matter was brought to the notice of the police, no effective remedy has been extended and hence, this writ petition.
3. Despite the completion of service of notice the
3rd respondent has not appeared before this Court. The pleadings stand uncontroverted. The learned senior Government Pleader submits on the basis of instructions received that, pursuant to the complaint preferred by the petitioners the 3rd respondent was summoned and he has been strictly warned against the alleged threat, if at all any. It is also stated that, if any further incident is brought to the notice of the police, immediate remedial action will be taken extending adequate and effective protection to the petitioners and also to the other members of the family including the daughter of the 1st petitioner. The learned senior Government Pleader also adds that, if any offence is made out, proper action will be taken against the 3rd respondent as per the relevant provisions of law. The submission is recorded and the matter is disposed of.
Sd/-
P.R.RAMACHANDRA MENON JUDGE Sd/-
N.ANIL KUMAR DG JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT DATED
26/07/2018 FILED BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P1 COMPLAINT.