IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36018 of 2010(B)
1. BIJU, AGED 37 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE SUB INSPECTOR OF POLICE, KODAKARA
4. NICKSON, S/O.CHONEDATH XAVIER,
5. PAULOSE, CHONNEKKAT, KOLENCHERRY
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :06/12/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.C.No.36018 of 2010
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Dated this the 6th day of December 2010
J U D G M E N T
K.M.JOSEPH,J
The petitioner has approached this Court seeking the
following reliefs:
i) Issue an appropriate writ order direction
commanding the 3rd respondent not to harass
the petitioner or interfere in any civil dispute as
between the petitioner and the respondents 4
and 5, as evident by Exts.P1 and P2 in the
interest of justice.
2. Briefly put, the case of the petitioner is as follows:
3. There is an ongoing civil dispute between the
petitioner and respondents 4 and 5 and there is an interim order
also in favour of the petitioner. The injunction, however, has
been vacated at the instance of the 5th respondent in an appeal.
The petitioner is yet to receive copy of the order to challenge the
same. In the meantime, respondents 4 and 5 were attempted to
trespass into the property with the aid of the 3rd respondent
police officer. The police cannot interfere in civil dispute.
W.P.C.No.36018 of 2010 2
4. The learned Government Pleader, on instructions,
submits that a crime has been registered against the petitioner
as crime No.641/2010 on the file of the Kodakara police station
under Sections 341, 323, 354, 506(ii) and 294(b) of the Indian
Penal Code. The learned Government Pleader would further
submit that the police will only investigate into the crime, in
accordance with law and will not interfere with the civil disputes
between the petitioner and respondents 4 and 5.
5. We record the same and close the writ petition.
(K.M.JOSEPH, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.36018 of 2010 3
W.P.C.No.36018 of 2010 4
K.M.JOSEPH & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
30/082010