IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 21985 of 2011(W) -------------------------- PETITIONER(S): --------------- K.M.ABOOBACKER, S/O.MUHAMMED KUNJU, AGED 67 YEARS, RESIDING AT AAMMATHAPPARAMBU HOUSE, ALAPPUZHA WEST VILLAGE, ALAPPUZHA WEST PO AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PERUVANTHANAM, IDUKKI DISTRICT, PIN - 685532. 2. CIRCLE INSPECTOR OF POLICE, PEERMADE, IDUKKI DISTRICT, PIN - 685531. 3. DISTRICT POLICE CHIEF (SUPERINTENDENT OF POLICE), IDUKKI AT PAINAVU, IDUKKI DISTRICT, PIN - 685584. 4. REGI.P.JOSEPH, S/O.JOSEPH, AGED 43 YEARS, RESIDING AT PULLOLIL HOUSE, PUNNAVELI P.O., PUNNAVELI KARA, ANIKKADU VILLAGE, MALAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 589. 5. SHERLY REGI, W/O.REGI.P.JOSEPH, AGED 41 YEARS, RESIDING AT PULLOLIL HOUSE, PUNNAVELI P.O., PUNNAVELI KARA, ANIKKADU VILLAGE, MALAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 589. 6. SASINDRAN, ADDITIONAL SUB INSPECTOR OF POLICE, PEERMADE POLICE STATION, PEERMADE, IDUKKI DISTRICT. PIN - 685531. R1 TO R3 BY GOVT. PLEADER SMT. C.M.CHARISMA ADV. SRI.T.P.PRADEEP FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT OF SALE EXECUTED BY THE RESPONDENTS 4 AND 5 IN FAVOUR OF THE PETITIONER. EXT.P2 TRUE COPY OF THE PLAINT DATED 20-1-2011 IN OS. NO. 19/11 OF MUNSIFF COURT, PEERMADE. EXT.P3 TRUE COPY OF THE INTERIM ORDER IN IA. NO.102/11 IN OS. NO. 19/11 DT. 24-1-11 EXT.P4 TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN IA.103/11 IN OS. NO. 19/11 DATED 3-3-11. RESPONDENT's EXHIBITS; NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- WP(C). No. 21985 of 2011 ----------------------------------------------- Dated this the 17th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. Respondents 4 and 5 entered appearance through Advocate T.P.Pratheep and sought for a week's time to file counter affidavit. We are not inclined to grant time for filing counter affidavit in view of the submission of the learned counsel that the Munsiff Court, Peermade has in OS. No. 14 of 2011 passed an interim order of injunction restraining the petitioner from entering into the property. The submission of the learned counsel was that the claim of the petitioner that he is in possession of the property and that with the help of respondents 1, 2 and 6, the party respondents are trying to evict him forcibly is unfounded. The learned Government Pleader Smt. Charisma on the basis of the instructions imparted to her by the police officers submitted WP(C).21985/11 -2- that the police officials have no intention whatsoever to intervene in the civil dispute between the petitioner and the party respondents. We record the submission of the learned Govt. Pleader. The only prayer in this writ petition is that the police officials be restrained from harassing the petitioner and compelling the petitioner to vacate the properties covered by Ext.P1 without order from the competent court. As the dispute between the petitioner and the party respondents is in respect of possession over the property covered by Ext.P1, we are of the view that as civil court is already in seizin of the matter by OS. 14 of 2011, the parties are to work out appropriate reliefs from that civil proceedings it self. We don't find any ground for issuance of the direction sought for. Writ petition will stand disposed of accordingly. It is needless to mention that if the petitioner violates the order of injunction passed by the civil court in WP(C).21985/11 -3- OS. No. 14 of 2011, the party respondents will have every right to move the court for appropriate proceedings under Order 39 rule 2A. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-