Kerala High Court
Joby Jose. K vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 32366 OF 2022
PETITIONERS:
1 JOBY JOSE. K
AGED 21 YEARS
S/O.JOSE K.P., KUTTIKKATT HOUSE, NAYARANGADI,
CHERANELLUR, THALAKOTTUKARA, THRISSUR - 680 501.
2 LAMEENA K.A.
D/O.ABDUL RAZAK, KIZHAKKETHIL, PORKULAM P.O., THRISSUR
- 680 542.
BY ADVS.
SINDHU SANTHALINGAM
A.D.SHAJAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 690 001.
2 DISTRICT SUPERINTENDENT OF POLICE
O/O THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR -
680 003.
3 JOSE K.P.
KUTTIKKATT HOUSE, NAYARANGADI, CHERANELLUR TALUK,
THALAKKOTTUKARA, THRISSUR DISTRICT - 680 501.
4 STATION HOUSE OFFICER
KUNNAMKULAM POLICE STATION,
KUNNAMKULAM P O,
THRISSUR RURAL
(IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER I.A.NO.1
OF 2023.)
BY ADVS.
SINDHU SANTHALINGAM
A.D.SHAJAN
SRI.T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.32366 OF 2022
2
JUDGMENT
Dated this the 12th day of January, 2023
This writ petition is filed seeking the
following reliefs:
"a) call for the records connected with the case;
b) declare that 3rd respondent has no authority to
interfere or question the live-in together of
petitioners 1 and 2, according to their wish and
desire;
c) declare that the unlawful interference of 3 rd
respondent in the personal life of the petitioners
amount to violation of Article 14 and 21 of the
Constitution of India.
d) direct the 2nd respondent not to allow the 3 rd
respondent to cause obstruction and difficulties in
the peaceful life of the petitioners."
2. Heard the learned counsel for the
petitioners and the learned Government Pleader.
3. It is submitted by the learned counsel for
the petitioners that the petitioners are consenting
adults and they have decided to live together. It is
W.P.(C)No.32366 OF 2022
submitted that it was against the threat of attack
from the 3rd respondent that the writ petition had
been filed.
4. The learned Government Pleader submits
that at present there is no such threat of any attack
by the 3rd respondent. The 3rd respondent has also
not filed any counter affidavit in the matter.
In the above view of the matter, this writ
petition is closed. In case of any threat or attack
from the 3rd respondent or anybody claiming
through him, the petitioners may inform the Station
House Officer, who shall take necessary action in
accordance with law.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/12/01
W.P.(C)No.32366 OF 2022
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING
CERTIFICATE FOR THE HEARING IMPAIRS ISSUED BY
THE PRINCIPAL OF GOVT. HS FOR DEAF, KUNNAMKULAM
IN FAVOUR OF THE 1ST PETITIONER.
Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND
PETITIONER ISSUED BY THE HEAD MASTER OF
SNEHALAYAM CSI HIGH SCHOOL FOR THE DEAF.
Exhibit P3 A TRUE COPY OF THE CERTIFICATE DTD. 16/7/2008
ISSUED BY THE GOVERNMENT MEDICAL COLLEGE
HOSPITAL, THRISSUR.
Exhibit P4 A TRUE COPY OF THE AADHAAR CARD ISSUED BY
GOVERNMENT OF INDIA TO 1ST PETITIONER.
Exhibit P5 A TRUE COPY OF THE UNIQUE DISABILITY I D SSUED
BY GOVERNMENT OF INDIA TO 2ND PETITIONER.
Exhibit P6 A TRUE COPY OF THE APPLICATION DTD. 9/9/2020
SUBMITTED BY THE 1ST PETITIONER BEFORE THE
MANUNATHUL ISLAN SABHA, PONNANI FOR COVERING
HIMSELF TO ISLAM.
Exhibit P7 A TRUE COPY OF THE JUDGMENT DTD. 13/6/2022 IN
CRWP 5744-2022 OF THE HIGH COURT OF PUNJAB AND
HARYYANA AT CHANDIGARGH.
Exhibit P8 A TRUE COPY OF THE COMPLAINT DTD. 19/9/2022
SUBMITTED BY THE 1ST PETITIONER TO THE 2ND
RESPONDENT.
SSK //TRUE COPY// PA TO JUDGE
