IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(C).No. 2495 of 2011(O) ------------------------- OS.492/2010 of II ADDL.MUNSIFF'S COURT,ERNAKULAM .................... PETITIONERS: ------------------------ 1. V.G.RAVEENDRANADH, S/O.GOPINATHAN NAIR, AGED 39 YEARS, CIRCLE INSPECTOR OF POLICE, VALAPPAD, TRISSUR DISTRICT. 2. SIBY THOMAS, S/O.THOMAS, AGED 37 YEARS, SUB INSPECTOR OF POLICE, ALWAYE WEST POLICE STATION, ALUWA, ERNAKULAM DISTRICT. 3. RAJU.K.C., S/O.CHACKO, AGED 53 YEARS, ADDL.SUB INSPECTOR OF POLICE, ERNAKULAM SOUTH POLICE STATION, ERNAKULAM. 4. DINESH.B., S/O.P.BHASKARAN, AGED 37 YEARS, CIVIL POLICE OFFICER NO.9082, ERNAKULAM TOWN SOUTH POLICE STATION,ERNAKULAM. 5. M.SATHYAN, S/O.KELUKKURUP, AGED 47 YEARS, CIVIL POLICE OFFICER (8149), ERNAKULAM TOWN SOUTH POLICE STATION,ERNAKULAM 6. K.I.PRASANNAN, S/O.KRISHNAN, AGED 53 YEARS, SUB INSPECTOR OF POLICE,DISTRICT SPECIAL BRANCH, COCHIN CITY, ERNAKULAM. BY ADVS. SRI.T.S.RAJAN, SRI.V.K.DINESH KUMAR, SRI.GODWIN JOSE, SRI.SUNIL C.KUTTAPPAN, SRI.T.S.SUHOOD. Kss ..2/- ..2.... OPC.NO.2495/2011 O RESPONDENT(S): -------------------------- 1. RAJASREE, W/O.GOPINATHAN, AGED 43 YEARS, 11B / 12 POLICE QUARTERS, PERUMANOOR P.O., THEVARA, KANAYANNUR TALUK, ERNAKULAM - 682 015. 2. ABDUL BARI, S/O.MOHAMMED, AGED 43 YEARS, DARUL RAHMATH, KUMBALAM P.O., ERNAKULAM DIST, PIN - 682 506. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2495/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE O.S.NO.492/2010 PENDING BEFORE THE 1ST ADDITIONAL MUNSIFFS COURT. P2: COPY OF THE I.A.NO.2170/2010. P3: COPY OF THE COMMISSIONER REPORT DTD. 22/05/2010. P4: COPY OF THE COMPLAINT FILED BY THE ADVOCATE COMMISSIONER ON 22/.05/2011 AS I.A.NO.3102/10. P5: COPY OF THE COUNTER FILED BY THE 1ST PETITIONER TO THE I.A.NO.3102/10 IN O.S.NO.492/10 DTD. 18/07/2010. P6: COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST PETITIONER. P7: COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST PETITIONER TO THE I.A.2170/2010. P8: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS 2 TO 6 DTD. 30/06/2011. P9: COPY OF CHARGE IN CRIME NO.1290/2010. P10: COPY OF THE CERTIFICATE ISSUED BY THE SUB TREASURY OFFICER CHERTHALA DTD. 21/07/2010. P11: COPY OF THE REPORT FORWARDED BY THE 1ST PETITIONER TO THE CITY POLICE COMMISSIONER ON 2/05/2011. P12: COPY OF THE JUDGMENT DTD. 6/01/2011 IN WPC.NO.34217/2010 OF HIGH COURT. P13: COPY OF THE ORDER DTD. 19/01/2011 IN I.A.782/11 IN WPC.34217/2010 OF HIGH COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2495 of 2011 --------------------------------------- Dated this 02nd day of August, 2011 JUDGMENT This original petition is filed by defendants 1 to 6 in O.S.No.492 of 2010 of the Court of learned Second Additional Munsiff, Ernakulam. Respondents filed that suit for a decree for prohibitory injunction against petitioners parking vehicles in the police quarters. Petitioners filed written statement contending that respondents are not entitled to the reliefs prayed for, first respondent is the wife of an Additional Sub Inspector and the second respondent is a Constable whose service had already been terminated. In this proceeding, it is contended that respondents have no locus standi to file the suit and that whatever grievance they had, has been redressed by the judgment of this Court in W.P(C).No.34217 of 2010. It is submitted that on account of the judgment in that proceeding, the suit itself has become infructuous and hence it is prayed that learned Additional Munsiff may be directed to close the proceeding in that suit. Learned counsel submitted that in view of Ext.P12, judgment in the writ petition there is no surviving grievance for the respondents if at all they are entitled to any relief. O.P(C).No.2495 of 2011 -: 2 :- 2. I am inclined to think that these are matters which should be urged before the trial court at the appropriate stage. It is not for this Court to issue any direction to the learned Additional Munsiff as to what is to be done in the suit. I leave the matter to be urged in the trial court at the appropriate stage. This original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-