IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29309 of 2010(K) ------------------------- PETITIONER : ------------------ KOMALAKUMARAN, AGED 63 YEARS S/O.KESAVAN NADAR, VATTAVILA PUTHEN VEEDU KULANGARAKKONAM, PALLICHAL VILLAGE, NEMOM, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): ------------------------ 1. FRANCIS, AGED 45 YEARS S/O.RAJAPPAN, THUNDUVILAKATHU VEEDU PALLICHAL VILLAGE, NEMOM, THIRUVANANTHAPURAM -695 020. 2. SURENDRAN S/O.APPUKUTTAN, THUNDUVILAKATHU VEEDU PALLICHAL VILLAGE, NEMOM, THIRUVANANTHAPURAM-695 020. 3. SAJEEV, AGED 30 YEARS S/O.SASIDHARAN, ALUVILA PUTHEN VEEDU KULLANGARAKKONAM, MACHEL PO, MALAYINKEEZHU THIRUVANANTHAPURAM-695 571. 4. SAJI, AGED 30 YEARS S/O.MADHAVAN, MERY BHAVAN,THUNDUVILAKATHU VEEDU PALLICHAL VILLAGE, NEMOM, THIRUVANANTHAPURAM-695 020. 5. MADHAVAN, AGED 65 YEARS MERY BHAVAN, PALLICHAL VILLAGE, NEMOM, THIRUVANANTHAPURAM-695 020. 6. CIRCLE INSPECTOR OF POLICE NEMOM, THIRUVANANTHAPURAM - 695 020 . ...2/- WP(C).No. 29309 of 2010(K) -2- 7. SUB INSPECTOR OF POLICE NEMOM, THIRUVANANTHAPURAM - 695 020 . R6 & R7 BY GOVT. PLEADER SRI. T.K. VIPIN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.29309 of 2010-K ------------------------------------------------------------------------ Dated 28th September 2010 Judgment Thottathil.B.Radhakrishnan, J. The petitioner obtained Ext.P2 order of temporary injunction order on 15.07.2010. He now says that there is a likelihood of that injunction order being violated. He further says that this would result in law and order situation, since the violation would result in breaking open a way, which does not exist. 2. The controversy relating to the property is essentially, a civil dispute. A civil suit is also pending in the matter. If there is any attempt to violate the injunction order, it will be open to the petitioner to seek appropriate measures from the civil court itself. When an order of injunction is issued, the civil courts are not powerless to obtain enforcement thereof. However, the police have to ensure that there is no law and order problem. Under such circumstances, as of now, there is no material to assume that any direction is called for in the WPC 29309/10 2 presence of the private respondents. Accordingly, we dispense with notice to those respondents. Leaving open the liberty of the petitioner to move the civil court for further orders, if any required and available on the basis of Ext.P2 and without prejudice to the contentions of the private respondents, this Writ Petition is ordered, directing that respondents 6 and 7 and other police officers, having jurisdiction over the area under the control of them, will ensure that law and order is maintained. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 29309/10 3