IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24081 of 2011(I) -------------------------------- PETITIONER(S): ------------------ ST. ANTHONY'S CHURCH, THRIKOOR DESOM, THRIKOOR VILLAGE, MUKUNDAPURAM TALUK, REPRESENTED BY ITS VICAR FATHER JENSE THATTIL. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, MINISTRY OF HOME AFFAIRS, REP. BY THE HOME SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE (CENTRAL ZONE) O/O. THE INSPECTOR GENERAL OF POLICE, NEAR SHAKTHAN THAMPURAN BUS STAND, THRISSUR-680001. 4. THE SUPEINTENDENT OF POLICE (RURAL), THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR.-680003 5. THE DEPUTY SUPERINTENDENT OF POLICE, CHALAKUDY, THRISSUR DISTRICT.-680301 6. THE CIRCLE INSPECTOR OF POLICE, PUDUKKAD, THRISSUR DISTRICT.-680301 WP(C).No. 24081 of 2011(I) -2- 7. THE SUB INSPECTOR OF POLICE, PUDUKKAD, THRISSUR DISTRICT.-680301 8. VARGHESE, S/O. SAVIOR, MALADATH HOUSE, THRIKOOR DESOM, THRIKOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.-680003. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24081 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- A COPY OF THE SALE DEED NO.5021/07 DATED 20/08/07. EXT.P2:- A COPY OF THE O.S. NO.492/11 DATED 18/08/11 ON THE FILE OF HON. SUB COURT, IRINJALAKUDA. EXT.P3:- A COPY OF THE COMPLAINT DATED 29/08/11 GIVEN TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24081 of 2011 ------------------------------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Abdul Rehim, J The petitioner is a Church represented through its 'Vicar'. This Writ Petition is filed alleging that the 7th respondent is causing unnecessary harassment by directing stoppage of construction carried out in the property owned by the petitioner. The petitioner inter alia seeks direction from this Court to afford protection for the construction activity conducted. 2. Averments in the Writ Petition is that the petitioner Church had purchased property Comprised in Sy. No.253 of Thrikoor village, having an extent of 75 cents, in order to construct a “Mini Parish Hall” for use of the Church. While the construction is in progress, the 8th respondent, who is W. P. C. No.24081 of 2011 -2- the owner of the adjacent property, had filed a civil suit as O.S.492/11 before the Sub Court, Irinjalakkuda seeking for fixation of boundary. It is further stated that, even though the 8th respondent had filed an interim application seeking injunction against the construction, the same was not granted. Grievance of the petitioner is that on the basis of complaint filed by the 8th respondent raising false allegations, the Vicar of the petitioner Church and other committee members are being harassed by the 7th respondent, by registering Crime No.894/11 of Pudukkad Police Station. It is stated that the Vicar of the Church as well as the Committee members were already granted bail by the Judicial First Class Magistrate's Court, and still the 7th respondent is interfering with the construction activities. 3. Learned Government Pleader appearing on behalf of respondents 1 to 7, on the basis of the instructions received W. P. C. No.24081 of 2011 -3- from the 7th respondent, submitted that the crime mentioned above was registered on the basis of a private complaint instituted by the 8th respondent before the Magistrate's Court. The presence of the Vicar was necessitated only in connection with investigation of the said case. It is further submitted that, at present the civil court had issued an order of interim injunction and the construction of the building in question remains stopped. However, it is conceded that bail was granted to the Vicar of the petitioner Church and if his presence is required for any purpose of investigation, then notice will be issued to him. 4. We record the submissions made as above. Since it is conceded that the construction stands stopped on the basis of interim order of injunction granted by the civil court, we are not inclined to issue any direction of police protection as prayed for. W. P. C. No.24081 of 2011 -4- 5. Therefore, the Writ Petition is disposed of observing that if the presence of the Vicar or its Trustees is required for investigation of the criminal case already registered, the 7th respondent shall issue notice. The 7th respondent shall not interfere in the dispute in any manner to cause prejudice to any of the parties with respect to the dispute now pending before the civil court. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-