IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 12800 of 2009(T) -------------------------------- PETITIONER(S): ----------------- HAMZA, S/O. VEDITHARAKKAL PUTHANPEEDIKAYIL HYDROSE, CHERUKUDANGAD AMSOM, KARAMBATHUR DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): ------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI. 2. K.P. KESAVAN MASTER, S/O. PUTHIYATTIL RAVUNNI NAIR, CHERUKUDANGAD AMSOM, KARAMBATHUR DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. ACHUTHAN NAIR, S/O. PULLANIKATTIL ACHUTHA PATHIYAR, CHERUKUNDANGAD AMSOM, KARAMBATHUR DESOM, OTTAPALAM TALUK. ADV. SRI.P.T.SEBASTIAN FOR R2 & R3 SRI.JOHN J.KANDATHIL FOR R2 & R3 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12800 of 2009(T) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF PLAINT IN O.S. NO.177/99 DATED 03/08/99 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, PATTAMBI. EXT.P2:- TRUE COPY OF AFFIDAVIT AND PETITION DT.04/06/07 IN I.A. NO.423/07 IN O.S.177/99 FILED BY THE PETITIONER BEFORE the MUNSIFF'S COURT, PATTAMBI. EXT.P3:- TRUE COPY OF REPORT AND SKETCH DT.06/11/06 OF THE ADVOCATE COMMISSIONER IN O.S.177/99 ON THE FILE OF THE MUNSIFF'S COURT, PATTAMBI. EXT.P4:- TRUE COPY OF ORDER DT.06/06/07 IN I.A. NO.423/07 IN O.S.177/99 PASSED BY MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. EXT.P5:- TRUE COPY OF PETITION DT.05/11/08 IN I.A.1070/08 IN O.S.177/09 BEFORE THE MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. EXT.P6:- TRUE COPY OF PETITION DT.22/08/08 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7:- TRUE COPY OF ORDER DT.03/12/08 IN I.A.1070/08 (WRONGLY TYPED AS I.A. NO.1071/08) IN O.S.177/99 PASSED BY MUNSIFF'S COURT, PATTAMBI. EXT.P8:- TRUE COPY OF AFFIDAVIT AND PETITION DT.04/04/09 (I.A. NO.500/09) FILED BY THE PETITIONER IN O.S.177/99 ON THE FILE OF THE MUN-MAGI'S COURT, PATTAMBI. EXT.P9:- TRUE COPY OF REPORT OF THE ADV. COMMISSIONER DT.06/04/09 IN OS.177/99 OF THE FILE OF THE MUNI-MAGI'S COURT, PATTAMBI. EXT.P10:- TRUE COPY OF PETITION DT.17/04/09 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.12800 of 2009 ------------------------------------------------ Dated this the 23rd day of August, 2011 JUDGMENT Pius C. Kuriakose, J The grievance of the petitioner voiced in this Writ Petition is that the order of injunction by the civil court in his favour has not been abide by the party respondents and the police is not rendering assistance for enforcement of the interim order. On considering the grievance, this Court on 28/04/09 issued an interim order in the following terms:- “Admit. Issue notice to the respondents by Special Messenger at the petitioner's expense. The first respondent shall ensure that Ext.P7 order passed by the Civil Court is scrupulously implemented. He shall also ensure that Ext.P4 order of injunction passed by the civil court is not violated by respondents 2 and 3.” 2. We feel that the above interim order can be confirmed and the police can be directed to ensure compliance with the above interim order provided the order W. P. C. No.12800 of 2009 -2- of injunction in favour of the petitioner is in force even now. It is ordered accordingly and the Writ Petition is disposed of. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-