IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27182 of 2008(J)
1. MATHEW JACOB, THAZATHAI PARAMBIL HOUSE,
... Petitioner
2. SHERLY MATHEW, W/O.MATHEW JACOB,
Vs
1. THE CIRCLE-INSPECTOR OF POLICE,
... Respondent
2. KERALA BUILDING CONSTRUCTION WORKERS
3. IDUKKI DISTRICT HEAD LOAD WORKERS UNION,
4. THODUPUZHA TALUK HEAD LOAD & GENERAL
5. THODUPUZHA TALUK HEAD LOAD WORKERS
6. THODUPUZHA TALUK HEAD LOAD WORKERS UNION
For Petitioner :SRI.S.ANANTHAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :05/09/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ
==============================
W.P.(C)NO. 27182 OF 2008
============================
DATED THIS THE 5th DAY OF SEPTEMBER 2008
JUDGMENT
Balakrishnan Nair,J.
The petitioners seek police protection for doing the construction
work of a multi storied building. When respondents 2 to 6 caused
obstruction, they moved the civil court and obtained an order of
injunction against them from trespassing into the property and
interfering with the construction in I.A.No.1040/2008 in
O.S.No.250/2008 on the files of the Munsiff Court, Thodupuzha. But
the petitioners submit, violating that order the members of the
respondents 2 to 6 are causing obstruction. So, the first petitioner
filed Ext.P2 petition praying for necessary protection to enforce the
order of the civil court and thereafter, this writ petition is filed seeking
appropriate reliefs. To enforce the order of the civil court, the
petitioners have to approach the civil court itself and the said court can
grant appropriate reliefs by directing the police to assist the
petitioners to enforce its order. The petitioners point out that the
matter is very urgent and the civil court has posted the matter to
WPC. NO. 27182/2008 -2-
15-9-2008. So, he has approached this Court. But this Court is not an
alternative forum for the Munsiff Court. We are sure, if urgency is
found, the civil court will consider the matter expeditiously. In view of
the remedy available to the petitioners and also for the reason that the
police cannot be conferred jurisdiction to consider the question of
violation of the order of the Court, the writ petition is dismissed
without prejudice to the contentions of the petitioners and their right
to pursue the remedy before the civil court.
K. BALAKRISHNAN NAIR,
JUDGE
M.C. HARI RANI
JUDGE
ks.