IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 38673 of 2010(H) -------------------------- PETITIONER : --------------- BINU KORAH, AGED 43 YEARS, W/O. KORAH JOHN, MARIKUDY HOUSE, KIZHAKKAMBALAM PO, PIN 683 562,ERNAKULAM DISTRICT. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE SRI.K.V.GEORGE RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE,IDUKKI PAINAVU 685 603, IDUKKI DISTRICT. 2. THE SUB INSPECTOR OF POLICE,VANDIPERIYAR POLICE STATION, VANDIPERIYAR PO,685 533, IDUKKI DISTRICT. 3. THE FEDERAL BANK LTD, REPRESENTED BY ITS MANAGER, BANK JUNCTION, IST FLOOR, FEDERAL HEIGHTS, BYE-PASS JUNCTION, ALUVA 683 101. GOVERNMENT PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38673 of 2010(H) - 2 - APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF CERTIFICATE NO.MOS.29/10 DATED 18.12.2010 ISSUED BY VILLAGE OFFICER, MANJUMALA. EXT.P2: TRUE COPY OF UNDERSTANDING REACHED BETWEEN WORKERS AND EMPLOYEES OF PETITIONER'S ESTATE WITH PETITIONER. EXT.P3: TRUE COPY OF ORDER DATED 23.12.2010 ISSUED BY THE 2ND RESPONENT TO THE PETITIONER. /TRUE COPY/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.38673 of 2010 ***************************** Dated this the 4th day of January, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court with a grievance that the police are unnecessarily getting involved in the civil claims between the petitioner and the 3rd respondent. Certain trees standing in the property have been cut. They have been already sold. The petitioner has already received amounts as consideration. But under the influence of the 3rd respondent, the 2nd respondent is obstructing the removal of the cut trees. Ext.P3 instructions have been issued by the 2nd respondent. This amounts to unnecessary interference by the police. Police are unnecessarily interfering in the civil dispute between the petitioner and the 3rd respondent. In these circumstances, appropriate directions may be issued. This is the short prayer. 2. The learned Government Pleader after taking instructions submits that Ext.P3 order shall not be enforced by the 2nd respondent and that the parties shall be at liberty to pursue appropriate legal course for enforcement of their right. W.P(C) No.38673 of 2010 2 3. We accept the submission of the learned Government Pleader on behalf of respondents 1 and 2 that the police shall not interfere in the disputes between the petitioner and the 3rd respondent and that the petitioner and the 3rd respondent shall be at liberty to pursue whatever legal courses are available to them in accordance with law for settlement/resolution of their dispute. 4. This Writ Petition is accordingly allowed in part. We accept the submission of the learned Government Pleader that the police shall not attempt to enforce Ext.P3. 5. The 3rd respondent has entered appearance through a counsel. The learned counsel submits that the trees have also been mortgaged. We make it clear that this judgment will not in any way affect the right of the 3rd respondent to pursue the remedies available under law. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/