IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23795 of 2010(Y)
1. SUDHEER KUMAR
... Petitioner
2. SHAJI GEORGE, AGED 37 YEARS
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE
3. THE SUB INSPECTOR OF POLICE
4. ST.KURIAKOSE ORTHODOX CHURCH,ENATHU,
5. K.VARGHESE, AGED 58 YEARS, S/O.KUNJACHAN
6. DR. P.C.MATHEW, AGED 55 YEARS
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :02/08/2010
O R D E R
THOTTATHIL B. RADHAKRISHNAN
&
S.S.SATHEESACHANDRAN, JJ.
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W.P.(C).NO.23795 OF 2010
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Dated this the 2nd day of August, 2010
J U D G M E N T
THOTTATHIL B. RADHAKRISHNAN, J.
This writ petition is filed seeking direction to the Police to
provide protection to the life and property of the petitioners.
2. The 4th respondent Church has filed O.S.No.70 of 2010
before the Munsiff’s Court, Adoor against the petitioners herein.
Going by the materials on record, there is a Commissioner’s
report and plan obtained in that case. The dispute between the
parties to that suit revolves around half cents of land. The
allegations of the petitioners is that on the basis of the fact that
the claim in the suit is by a Church, the local people, particularly
the parishioners, are abusing the situation and creating law and
order problems. We think that it would not be appropriate for
WP(C).23795/10 2
the High Court to exercise power under Article 226 of the
Constitution of India on this particular statement alone, because
the civil court is in seizin of the dispute regarding the immovable
property and having regard to the quality of jurisdiction of that
court to issue injunctions and other protective orders even under
its inherent powers. We dismiss this writ petition, without
prejudice to appropriate remedies and leaving the petitioners to
work out their remedies through the civil court.
THOTTATHIL B. RADHAKRISHNAN
JUDGE
S.S.SATHEESACHANDRAN
JUDGE
prp
WP(C).23795/10 3