IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 17616 of 2008(V) 1. ASIF K.P., AGED 25, S/O.ABOOBACKER V.K. ... Petitioner Vs 1. THE SUB INSPECTOR OF POLICE, ... Respondent 2. KUNDENCHERRY MOIDU HAJI, BUSINESS, 3. K.HARIDASAN, S/O.BALAN, PRESIDENT, 4. STATE OF KERALA, REP BY THE SECRETARY For Petitioner :SRI.G.SREEKUMAR (CHELUR) For Respondent : No Appearance The Hon'ble MR. Justice K.BALAKRISHNAN NAIR The Hon'ble MRS. Justice M.C.HARI RANI Dated :12/06/2008 O R D E R K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 17616 OF 2008 ============================ DATED THIS THE 12TH DAY OF JUNE 2008 JUDGMENT
The petitioner is a tenant in the building owned by the second
respondent. The third respondent has filed a suit, O.S.No.186/2008
before the Munsiff Court, Thalassery against the second respondent
and others and obtained Ext.P2 interim injunction order. The said
order of the Munsiff Court has injuncted the defendants in that suit
and also all persons claiming rights under them including tenants
from carrying on business in the plaint schedule building. Admittedly
the petitioner is carrying on business in that building. The petitioner
submits, he is not a party to Ext.P2 and therefore he is entitled to
continue to do the business and for that he seeks police protection.
Though the petitioner filed Ext.P3 representation before the police,
they did not extend necessary help. Hence, this writ petition.
2. We feel that the police have no duty to help the petitioner to
do the business in violation of Ext.P2. Therefore, we cannot ask the
police to help the petitioner to flout the order of the competent civil
WPC. 17616/2008 -2-
court. If the petitioner is aggrieved by Ext.P2, his remedy lies
elsewhere and not before the police. Accordingly, this writ petition is
dismissed without prejudice to the contentions of the petitioner and
his right to move other forums for appropriate reliefs.
K. BALAKRISHNAN NAIR,
M.C. HARI RANI