Komalakumaran vs Francis on 28 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29309 of 2010(K)


1. KOMALAKUMARAN, AGED 63 YEARS
                      ...  Petitioner

                        Vs



1. FRANCIS, AGED 45 YEARS
                       ...       Respondent

2. SURENDRAN

3. SAJEEV, AGED 30 YEARS

4. SAJI, AGED 30 YEARS

5. MADHAVAN, AGED 65 YEARS

6. CIRCLE INSPECTOR OF POLICE

7. SUB INSPECTOR OF POLICE

                For Petitioner  :SRI.THIRUMALA P.K.MANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :28/09/2010

 O R D E R

THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ.

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WP(C) No.29309 of 2010-K

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Dated 28th September 2010

Judgment

Thottathil.B.Radhakrishnan, J.

The petitioner obtained Ext.P2 order of temporary

injunction order on 15.07.2010. He now says that there is a

likelihood of that injunction order being violated. He further says

that this would result in law and order situation, since the

violation would result in breaking open a way, which does not

exist.

2. The controversy relating to the property is

essentially, a civil dispute. A civil suit is also pending in the

matter. If there is any attempt to violate the injunction order, it

will be open to the petitioner to seek appropriate measures

from the civil court itself. When an order of injunction is issued,

the civil courts are not powerless to obtain enforcement thereof.

However, the police have to ensure that there is no law and

order problem. Under such circumstances, as of now, there is

no material to assume that any direction is called for in the

WPC 29309/10 2

presence of the private respondents. Accordingly, we dispense

with notice to those respondents. Leaving open the liberty of

the petitioner to move the civil court for further orders, if any

required and available on the basis of Ext.P2 and without

prejudice to the contentions of the private respondents, this

Writ Petition is ordered, directing that respondents 6 and 7 and

other police officers, having jurisdiction over the area under the

control of them, will ensure that law and order is maintained.

                              THOTTATHIL.B.RADHAKRISHNAN,
                              JUDGE




                              P.BHAVADASAN, JUDGE



sta

WPC 29309/10    3