IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1705 of 2007(C)
1. SHANIDA, AGED 22 YEARS, D/O. HUSSAIN
... Petitioner
Vs
1. MOHAMMED ABDUL SALIM, AGED 29 YEARS,
... Respondent
2. STATE OF KERALA, REP. BY THE
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/02/2007
O R D E R
R.BASANT, J
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W.P.C .No.1705 of 2007
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Dated this the 19th day of February 2007
O R D E R
The petitioner has come to this court with the grievance
that Protection Officers, as contemplated under the Protection of
Women from Domestic Violence Act, 2005 (Act 43 of 2005)
having not been appointed, the same is causing great prejudice
and loss to the petitioner. The learned Magistrate is not taking
the necessary steps to get the notice served on the first
respondent for the reason that Protection Officer has not been
appointed. It was with that grievance that the petitioner had
come to this court. A report has been called for from the learned
Magistrate and the report has been received.
2. In the meantime, it is submitted that Protection
Officers have been appointed and the said grievance does not
survive. Report of the learned Magistrate shows that the learned
Magistrate entertains serious doubts as to whether the petition
is maintainable and he wants the matter to be heard. The
learned counsel for the petitioner had advanced arguments in
part, it is mentioned.
W.P.C.No.1705/07 2
3. I am of the opinion that the petitioner must appear
before the learned Magistrate and advance arguments on the
question of maintainability raised by the learned Magistrate. I
do not think it necessary to express any opinion on the question
on which the learned Magistrate wants the matter to be heard.
The petitioner must appear before the learned Magistrate and
advance his arguments whereupon the learned Magistrate shall
take appropriate decision in the matter. It is reported by the
learned Magistrate that the matter stands posted to 02/03/2007.
The petitioner must appear before the learned Magistrate and
make his submissions on that date.
4. With the above observations, this writ petition is
dismissed.
(R.BASANT, JUDGE)
jsr
W.P.C.No.1705/07 3
W.P.C.No.1705/07 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006
W.P.C.No.1705/07 6
I am satisfied that notice need not be issued to the first
respondent. Now, considering the question raised, the learned
Government Pleader takes notice to the second respondent. He
shall take instructions. It shall be reported specifically to this
court whether Protection Officer has been appointed to
discharge his functions within the jurisdiction of the
Kunnamangalam Police Station. Take instructions.
Call on 22/01/2007.