IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 3034 of 2011(D) ------------------------------------- PETITIONER: ------------------- GEORGE @ SOJAN, S/O. MANUEL, CHILAMBIL HOUSE, THAMBALAKKATTU KARA, KAPPAD.P.O., KANJIRAPPALLY. BY SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE, ADVS. SRI. RAYNOLD FERNANDEZ.N, SRI. SUSHEEL JOSEPH CYRIAC, SRI. MANU GEORGE KURUVILLA, SMT.RINU JOSE. RESPONDENTS: ------------------------ 1. THAMIM ANSARI, S/O. LATE SHAHUL HAMEED, SEETHAKADI STREET, RAJAPALAYAM, RAJAPALAYAM TALUK, MADURAI DISTRICT-626 117. 2. S. NAGAYYA, S/O. PERIYAKARUPA THEVAR TKS UDAYAKUMAR ESTATE, AANAVILAASAM, SASTHANADA, P.O., KATTAPPANA-685 535. 3. V. PERUMAL, S/O. VEERAPPA KOUNTER, AANAVILASAM, SASTHANADA, P.O., KATTAPPANA-685 535. 4. VANARAJ, S/O. MADASWAMY, AANAVILAASAM, SASTHANADA, P.O., KATTAPPANA-685 535. 5. THE SUB INSPECTOR OF POLICE, KUMILY, PIN -685 509. 6. THE CIRCLE INSPECTOR OF POLICE, KUMILY, PIN -685 509. 7. THE SUPERINTENDENT OF POLICE, IDIKKI DISTRICT, KUYILIMALA.P.O., PAINAVU, IDIKKI, PIN -685 603. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.3034 of 2011 ***************************** Dated this the 31st day of January, 2011 JUDGMENT BASANT, J. We have heard the learned counsel for the petitioner in detail. The learned counsel expresses agony and anguish of his client, who has obtained Ext.P4 interim order directing maintenance of status quo and against commission of waste, as a passive spectator to the violation of Ext.P4 order. After discussions at the bar, the learned counsel for the petitioner accepts the suggestion of the Court that the proper remedy for the petitioner is to move the court which passed the interim order and complain about the violation of the interim order. We cannot certainly leave the jurisdiction to decide what the status quo was and whether any acts of waste has been committed to the police for the due implementation of Ext.P4. 2. This Writ Petition is accordingly dismissed making it clear that the dismissal of this petition will not in any way fetter W.P(C) No.3034 of 2011 2 the rights of the petitioner to move the Court which granted Ext.P4 order to complain about the violation of that order. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/