IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28751 of 2011(T) -------------------------- PETITIONER(S): ---------------------- 1. DAMODHARAN, S/O.MUNDAN, MANNAMATTATHIL HOUSE, KIZHAKKEMATTUKATTA KARA, AYYAPPANCOVIL VILLAGE, IDUKKI DISTRICT. 2. SHAJI, S/O.DAMODHARAN, MANNAMATTATHIL HOUSE, KIZHAKKEMATTUKATTA KARA, AYYAPPANCOVIL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PAINAVU, IDUKKI-685603. 2. THE CIRCLE INSPECTOR OF POLICE, PEERMADE, IDUKKI DISTRICT-685531. 3. THE SUB INSPECTOR OF POLICE, UPPUTHARA POLICE STATION, IDUKKI DISTRICT, PIN-685505. 4. MADHAVAN, PACHICKAL HOUSE, MATTUKATTA KARA, AYYAPPANCOVIL P.O., IDUKKI DISTRICT-685507. 5. MONICHAN VARGHESE, S/O.VARGHESE, AMBALATHUNKAL HOUSE, MATTUKATTA KARA, AYYAPPANCOVIL P.O., IDUKKI DISTRICT-685507. 6. ALICHAN, THOPPIL HOUSE, MATTUKATTA KARA, AYYAPPANCOVIL P.O., IDUKKI DISTRICT-685507. 7. SURESH, S/O.THANKAPPAN, KALAPPURACKAL HOUSE, MATTUKATTA KARA, AYYAPPANCOVIL P.O., IDUKKI DISTRICT-685507. R1-3 BY GOVRNMENT PLEADER SRI.DHANUSH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28751 of 2011(T) --------------------------------------- APPENDIX ---------------- PETITIONER(S) EXHIBITS --------------------------------------- EXT.P1 PHOTOCOPY COPY OF THE IDENTITY CARD DT.24/02/1969. EXT.P2 PHOTOCOPY COPY OF THE BUILDING TAX RECEIPT DT.7/9/2011. EXT.P3 PHOTOCOPY COPY OF THE RELEVANT PAGES OF THE RATION CARD 1630041151, IN THE NAME OF THE IST PETITIONER. EXT.P4 PHOTOSTAT COPY OF THE PLAINT IN OS.236/2011 BEFORE THE MUNSIFF COURT, KATTAPPANA. EXT.P5 PHOTOSTAT COPY OF THE ORDER OF INJUNCTION DT.20/9/2011 IN IA.1354/2011 IN OS.236/2011 OF THE MUNSIFF COURT,KATTAPPANA. EXT.P6 PHOTOSTAT COPY OF THE REPORT AND PLAN DTD.23/9/2011 OF THE ADVOCATE COMMISSIONER. EXT.P7 PHOTOSTAT COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P8 PHOTOSTAT COPY OF THE REPORT DT.3/10/2011 OF THE ADVOCATE COMMISSIONER. EXT.P9 PHOTOSTAT COPY OF THE COMPLAINT DT.26/9/2011 FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT. EXT.P10 PHOTOSTAT COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT. EXT.P11 PHOTOSTAT COPY OF THE COMCPLAINT DT.16/10/2011 FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P12 PHOTOSTAT COPY OF DOCUMENT PRODUCED BY THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL ----------------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C KURIAKOSE & C.K. ABDUL REHIM, JJ --------------------------------- WP(C) NO. 28751 OF 2011 ------------------------------------ Dated this the 28th day of October, 2011. JUDGMENT Pius C Kuriakose, J. It appears us that the petitioners have a genuine grievance. They have already obtained an order of injunction against the party respondents. In violation of that order, the respondents are trespassing into petitioner's property. The petitioners have already moved the civil court. Sri. Biju Balakrishnan, Learned counsel for the petitioners submitted that in view of the high handed acts of the petitioner it is clear they have scant out record for the orders passed by the civil court and it is appropriate that this court shall direct the police for intervening in the case. Though the submissions made by Sri. Biju Balakrishnan are persuasive, we are not inclined to direct the police to intervene in the dispute between the petitioners and the party respondents which is clearly civil in nature. At the same time considering the submissions of learned counsel that there is 2 WP(C) No. 28751/2011 subsisting threat to the lives of the petitioners from the party respondents, we direct the petitioners to file a petition voicing their grievances before the third respondent Station House Officer. If the third respondent receives any petition from the petitioners complaining that there is threat to the lives and limbs of the petitioner from the party respondents within ten days from today, the third respondent will conduct immediate enquiry into the said petition. If the enquiry reveals that there is truth in the above allegations of the petitioners, third respondent will do the needful for protecting the lives and limbs of the petitioners. PIUS C KURIAKOSE JUDGE C.K. ABDUL REHIM JUDGE dnc