IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 27205 of 2010(A) ------------------------------------- PETITIONER(S): --------------------- 1. T.K.FATHIMMAKUTTY, D/O.THEKKEPEEDIYEKKAL VALIYA MOIDEENKUTTY, PAIKKANNOOR (PO), KUTTIPPURAM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. V.P.MAMMU, S/O.VADAKKE PAIKKAN AVARANKUTTY HAJI, KUTTIPPURAM AMSOM, PAIKKANNOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, MALAPPURAM P.O., PIN - 676 505. 3. THE DY.S.P. OF POLICE, TIRUR, MALAPPURAM DISTRICT, TIRUR P.O., PIN - 676 101. 4. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM P.O., MALAPPURAM DISTRICT, PIN - 679 571. 5. C.KRISHNADAS, S/O.RAGHAVA MENON, RASHMI HOUSE, PAZHOOR (PO), PIN - 679 571, TIRUR TALUK, MALAPPURAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R5 BY ADV. SRI.P.CHANDRASEKHAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27205 OF 2010-A PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PURCHASE CERTIFICATE IN RESPECT OF PROPERTY IN RS 379/1 OF NADUVATTOM VILLAGE IN TIRUR TALUK DATED 16.12.1976. EXT.P2.TRUE COPY OF THE PURCHASE CERTIFICATE IN RESPECT OF PROPERTY IN RS 379/1 OF NADUVATTOM VILLAGE IN TIRUR TALUK DATED 13.11.1975. EXT.P3.A TRUE COPY OF THE PLAINT IN OS 110/2010 BEFORE THE SUB COURT TIRUR DATED 19.4.2010. EXT.P4.A TRUE COPY OF THE APPLICATION FOR INJUNCTION IA.466/2010 IN OS.110/2010 DATED 19.4.2010. EXT.P5.A TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 22.8.2010. RESPONDENT'S EXHIBTS: EXT.R5A.TRUE COPY OF ORDER DATED 23.4.2010 IN IA NO.466/2010 OF THE DISTRCIT COURT, MANJERI. EXT.R5B.TRUE COPY OF PETITION DATED 19.6.2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.27205 of 2010-A ---------------------------------------------- Dated, this the 7th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court complaining of harassment by the police. 2. The party respondent has filed a civil suit for recovery of possession. The suit is pending. An order of inunction is passed after hearing the petitioner to the effect that the respondents shall not transfer the plaint schedule property and shall also not commit any waste. Alleging waste it would appear that the party respondent has approached the police and the police officers are now interfering with the rights of the petitioners, it is the complaint of the petitioners. 3. We heard the learned counsel for the petitioners, learned counsel for the party respondent and also the learned Government Pleader. Learned counsel for the petitioners would point out that the waste which is alleged is that they are raising down certain sand-dune and there is allegation of clearing sand near the coconut trees etc. We WPC No.27205 of 2010 -2- would think that it will be more appropriate that the police awaits orders from the Civil Court and will not harass the petitioners as alleged by them. Accordingly, the writ petition is disposed of as follows: Respondents 3 and 4 shall not interfere in the matter between the petitioners and the 5th respondent unless there be an order from the Civil Court in the matter. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS