IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18373 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. MOITHEENKUNJU, AGED 74 YEARS, S/O.PEERU MOHAMED, PUTHEN VEEDU, MONALI, BALARAMAPURAM, THIRUVANANTHAPURAM. 2. MUHAMMED PATHUMMA, D/O.BEEPATHUMMAL, AGED 70 YEARS, PUTHEN VEEDU, MONALI, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.MANOJ SMT.MEREENA JOSEPH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM, THIRUVANANTHAPURAM. 4. GIREESHAN, S/O.CHANDRAHASA PANICKER, EASWARAVILASOM BUNGLOW, THIPIL, BALARAMAPURAM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 18373 of 2009 ------------------------------- Dated this the 1st July, 2009 J U D G M E N T Raman, J. The grievance of the petitioners is that though fourth respondent has obtained injunction against them regarding the user of pathway, now under the guise of such injunction order, 4th respondent is trying to demolish the compound wall constructed by the petitioners, and he is being aided by the third respondent. So long as there is an order of injunction, there cannot be any obstruction caused. But beyond the order of injunction, a party cannot cause any demolition of the compound wall. Since we are not issuing any notice to the fourth respondent, whether or not any attempt is made by the fourth respondent to demolish the compound wall is a matter which we cannot now decide. However, the petitioners can approach the Civil Court, if any attempt is made by the 4th respondent for demolition of the compound wall. Leaving open W.P.(C) No.18373/2009 2 any such remedy available to the petitioners under law, this writ petition is closed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.