IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 12185 of 2009(P) --------------------------------- PETITIONER(S): --------------- GEORGE,AGED 50, S/O.POULOSE,KAKKATHUKUDY HOUSE, THURUTHY KARA,VENGOOR WEST VILLAGE, KUNNATHUNADU TALUK. BY ADV. MR.V.RAJENDRAN (PERUMBAVOOR) MR.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, HOME AFFAIRS,SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION, KURUPPUMPADY. 3. KUTTAPPAN,AGED ABOUT 60, S/O.KANNU,KARICKAL HOUSE, AIMURY KARA,KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12185 of 2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF PLAINT IN O.S.NO.110/09 OF MUNSIFF'S COURT, PERUMBAVOOR DATED 30.3.09. EXT.P2: COPY OF ORDER IN I.A.933/09 IN O.S.110/09 OF MUNSIFF'S COURT, PERUMBAVOOR DATED 30.3.09. EXT.P3: COPY OF THE REPORT OF ADVOCATE COMMISSIONER IN I.A.934/09 IN O.S.110/09. EXT.P4: COPY OF SKETCH ATTACHED TO THE REPORT OF THE ADVOCATE COMMISSIONER IN I.A.934/09 IN O.S.110/09. TRUE COPY PA TO JUDGE. S. SIRI JAGAN & ANTONY DOMINIC, JJ. ------------------------------------------------- W.P.(C)No.12185 OF 2009 --------------------------------------------------- Dated this the 21st day of April, 2009 JUDGMENT S.SIRI JAGAN, J. The petitioner is the tenant of a shop room belonging to the 3rd respondent. The 3rd respondent has been trying to evict the petitioner from the shop room. Therefore, the petitioner filed O.S.No.110/09 before the Munsiff's Court, Perumbavoor, who passed Ext.P2 order of injunction injuncting the 3rd respondent from evicting the petitioner except in accordance with due process of law. The petitioner's allegation in this writ petition is that at the instance of the 3rd respondent, the 2nd respondent is trying to force the petitioner to vacate the premises and withdraw the suit. The petitioner, therefore, seeks the following relief: “i. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 2 nd respondent to abstain from harassing and threatening the petitioner”. 2. Despite service of notice, the 3rd respondent has not chosen to appear and contest the matter. In so far as this is a civil dispute, the 2nd respondent has no role in the matter and the W.P..(C)NO.12185/09 2 parties have to abide by the order of the Civil Court. That being so, this writ petition is disposed of directing the 2nd respondent not to interfere with the dispute between the petitioner and the 3rd respondent in any manner unless a law and order situation arises. S. SIRI JAGAN, JUDGE ANTONY DOMINIC, JUDGE Acd W.P..(C)NO.12185/09 3