IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 24625 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. RAJAMMA VASU, AGED 61, W/O.LATE VASU, NJALIKKATTIL HOUSE, THENGODE P.O., KAKKANAD VILLAGE, KOCHI-30. 2. VIJAY BABU, AGED 30, S/O.LATE VASU, NJALIKKATTIL HOUSE, THENGODE P.O., KAKKANAD VILLAGE, KOCHI-30. 3. VIBIN VASU, S/O.LATE VASU, NJALIKKATTIL HOUSE, THENGODE P.O., KAKKANAD VILLAGE, KOCHI-30. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENT(S): --------------- 1. CITY POLICE COMMISSIONER, ERNAKULAM-682 031. 2. CIRCLE INSPECTOR OF POLICE, KALAMASSERRY-682 030. 3. SUB INSEPCTOR OF POLICE, THRIKKAKARA-682 030. 4. N.K.PRADEEP, AGED 46, S/O.LATE KANDU, NJALIKKATTIL HOUSE, THENGODE P.O., KOCHI-30. BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24625 of 2011(C) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE PLAINT NUMBERED AS O.S NO.690/2011 ON THE FILES OF MUNSIFF'S COURT, ERNAKULAM. EXT.P2: COPY OF THE ORDER DTD.2.8.2011 IN I.A.NO.4708/2011 OF THE MUNSIFF'S COURT, ERNAKULAM. EXT.P3: COPY OF THE PLAINT NUMBERED AS O.S.NO.713 OF 2011 ON THE FILES OF MUNSIFF'S COURT, ERNAKULAM. EXT.P4: COPY OF THE ORDER DTD.9.8.2011 IN I.A.NO.4902 OF 2011 OF THE MUNSIFF'S COURT, ERNAKULAM. EXT.P5: COPY OF THE PHOTOGRAPHS RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.24625 of 2011 ------------------------------- Dated this the 19th day of September, 2011. J U D G M E N T C.K.ABDUL REHIM, J. This writ petition is filed seeking direction against the 3rd respondent, restraining him from interfering in the civil dispute pending between the petitioner and the 4th respondent before the Munsiff's court, Ernakulam, with respect to the right to construct a path way through the property of the petitioner. It is the allegation of the petitioner that, the 3rd respondent is un-necessarily interfering in the dispute at the instance of the 4th respondent and is coercing and threatening the petitioner to yield to the demands of the 4th respondent, in violation to the interim injunction order issued by the civil court. 2. When the writ petition came up for consideration, we directed the learned Government Pleader to get instruction from the 3rd respondent as to the correctness of 2 W.P.(C) No.24625 of 2011 the accusations. We also directed the 3rd respondent not to intervene in the dispute between the petitioner and the 4th respondent if the same is purely civil in nature and if it is already the subject matter of the civil suits pending. 3. Sri.T.K.Vipindas, learned Government Pleader appearing on behalf of respondents 1 to 3 submitted that, the dispute between the petitioners and the 4th respondent is pending in two civil suits filed by the parties before the Munsiff's court. It is conceded that the 3rd respondent is not interfering in any manner with the dispute which is the subject matter of the civil suits. But it is stated that when law and order situation arose out of the dispute, the 3rd respondent had to interfere to ensure that the parties are not creating any breach of peace. However, it is conceded that the 3rd respondent is not initiating any steps against any of the parties and that the parties are at liberty to adjudicate the issue before the Munsiff's court. 4. We record the submissions made by the learned Government Pleader. Since the issue is now pending in civil 3 W.P.(C) No.24625 of 2011 suits, we direct that the parties to seek appropriate remedy from the civil court. We observe that the 3rd respondent or for that matter any of the police officials shall not interfere with the dispute pertaining to the path way which is the subject matter of the civil dispute. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/