IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36018 of 2010(B) ---------------------------------------- PETITIONER(S): ---------------------- BIJU, AGED 37 YEARS, S/O.POOLAN VEETIL THOMAS, POOCHUNNYPPADAM DESOM, CHOVOOR VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, SRI.K.RAVI (PARIYARATH). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE SUPERINTENDENT OF POLICE, THRISSUR - 680 001. 3. THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, THRISSUR DISTRICT - 680 001. 4. NICKSON, S/O.CHONEDATH XAVIER, PARAKKOTTUKARA DESOM, MURIYAD VILLAGE, MUKUNDAPURAM TALUK - 680 001. 5. PAULOSE, CHONNEKKAT, KOLENCHERRY DESOM, ERNAKULAM DISTRICT - 682 311. R1 TO R3 BY GOVT. PLEADER MR.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.36018 of 2010 ---------------------------------------- Dated this the 6th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue an appropriate writ order direction commanding the 3rd respondent not to harass the petitioner or interfere in any civil dispute as between the petitioner and the respondents 4 and 5, as evident by Exts.P1 and P2 in the interest of justice. 2. Briefly put, the case of the petitioner is as follows: 3. There is an ongoing civil dispute between the petitioner and respondents 4 and 5 and there is an interim order also in favour of the petitioner. The injunction, however, has been vacated at the instance of the 5th respondent in an appeal. The petitioner is yet to receive copy of the order to challenge the same. In the meantime, respondents 4 and 5 were attempted to trespass into the property with the aid of the 3rd respondent police officer. The police cannot interfere in civil dispute. W.P.C.No.36018 of 2010 2 4. The learned Government Pleader, on instructions, submits that a crime has been registered against the petitioner as crime No.641/2010 on the file of the Kodakara police station under Sections 341, 323, 354, 506(ii) and 294(b) of the Indian Penal Code. The learned Government Pleader would further submit that the police will only investigate into the crime, in accordance with law and will not interfere with the civil disputes between the petitioner and respondents 4 and 5. 5. We record the same and close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.36018 of 2010 3 W.P.C.No.36018 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010