IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 2007 of 2010(A) ------------------------------------- PETITIONER(S): ---------------------- MANJERI HAMZA KURICKAL, AGED 59, S/O. MANJERI VALIYA HASSAN KURICKAL, KALIKAVU AMSOM, THRIKKUNNASSERI DESOM, P.O.KOORAD, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VANDOOR POLICE STATION, VANDOOR, MALAPPURAM DISTRICT. 2. KEERI HAMZA, S/O. KEERIVEERAN, AGED 52, KALIKAVU AMSOM, THRIKKUNNASSERI DESOM, P.O.KOORAD, MANJERI, MALAPPURAM DISTRICT. R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.K.VIDYASAGAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, ALONG WITH W.P.(C) NO.15051/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2007 OF 2010 PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER DATED 19.8.2009 IN IA NO.1059 IN O.S.NO.222/2009 OF MUNSIFF COURT, MANJERI. EXT.P2. TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 13.10.2009. EXT.P3. TRUE COPY OF THE PETITION IN IA NO.1452/2009 IN IA.1059/2009 IN OS.NO.222/2009 OF MUNSIFF COURT, MANJERI. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2007 of 2010-A & W.P.(C) No.15051 of 2010-F ---------------------------------------------- Dated, this the 23rd day of June, 2010 J U D G M E N T K.M.Joseph, J. These writ petitions being connected they are disposed of by this common judgment. Petitioner in both the writ petitions is the same. 2. The prayer in W.P.(C) No.15051/2010 is for police protection to the life and property of the petitioner and his family members. It is not in dispute that a suit is filed and there is interim order also. Learned counsel for the 2nd respondent would submit that petitioner has moved against violation of injunction order. He has also filed an application seeking police protection before the civil Court itself. In such circumstances, we are not inclined to grant any relief in this case and relegating the petitioner to prosecute the matter pending before the civil Court, we dispose of the writ petition. 3. In W.P.(C) No.2007 of 2010 the prayer is to direct the Ist respondent and his subordinates not to interfere WPC 2007,15051/2010 -2- in the civil dispute pending before the Munsiff Court and not to insist the petitioner to produce document relating to the property to help the second respondent. 4. We would think that the petitioner is justified in contending that the police shall not interfere in the pending civil dispute. Admittedly, there is no order from the civil Court directing the police to interfere in the matter, and, in fact, the matter is pending before the civil Court. In such circumstances, we make the interim order absolute and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS