IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 33164 of 2010(U) ------------------------------------- PETITIONER(S): ---------------------- 1. GEORGE THOMAS, AGED 57 YEARS, S/O.THOMAS, RESIDING AT THAIPPARAMBIL HOUSE MEENCUT KARA, PALLIVASAL VILLAGE,DEVIKULAM TALUK. 2. THRESSIAMMA, AGED 50 YEARS, W/O.THOMAS, RESIDING AT THAIPPARAMBIL HOUSE MEENCUT KARA, PALLIVASAL VILLAGE,DEVIKULAM TALUK. BY ADV. SRI.SIRAJ KAROLY SMT.RAJASREE RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL POLICE STATION, IDUKKI DISTRICT-686137. 2. THE DISTRICT SUPERINTENDENT OF POLICE CRIME BRANCH, SUPERINTENDENT OFFICE,KOTTAYAM-689171. 3. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 4. JOHN P THOMAS, ASST EXECUTIVE ENGINEER ,K.S.E.B, GENERATION DIVISION, CHITHIRAPURAM PO,MUNNAR, IDUKKY DISTRICT-686068. R1 TO R3 BY ADDL.DGP SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.33164 of 2010-U ---------------------------------------------- Dated, this the 3rd day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other writ order or direction directing the Ist and 2nd respondents not to interfere with the Civil dispute not to do anything contrary to Ext.P3 injunction order and direction of the Court in O.S.No.226/2010 on the file of the Hon'ble Munsiff Court, Devikulam. ii) to issue a direction to the 3rd respondent to take action against Ist and 2nd respondents against intermedaling in the civil dispute to favour 4th respondent.” 2. Learned Additional Director General of Prosecution, on instructions, would submit that there is a complaint filed by the 4th respondent on the basis of which Crime No.357/2010 of Vellathooval police station has been registered and now the CB CID is investigating the matter. He would submit that the order of injunction obtained and produced by the petitioner relates to another property. If the WPC 33164/2010 -2- petitioner has a case that injunction order is being violated, petitioner has remedies under Order 39 of Code of Civil Procedure against the persons who violates the order of injunction. We leave that remedy to the petitioner. We also leave the CB CID to investigate Crime No.357/2010 in accordance with law. It is submitted that the offences are all bailable and petitioner will not be harassed otherwise, provided they co-operate with the investigation. We record the said submission. We make it clear that it will be open to the petitioners to challenge the registration of crime in the appropriate Court/forum. If the matter comes before any Court/forum in a lis between the parties, that Court/fourm shall proceed to dispose of the same in accordance with law untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS