IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 14201 of 2010(A) -------------------------- PETITIONER: --------------- KOCHUKRISHNAN,S/O.PUTHENVEETTIL MADHAVIKUTTY, PUTHENVEETTIL HOUSE, ERUMATHALA, ASHOKAPURAM -P.O., ALUVA. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS: --------------- 1. THE PRINCIPAL SUB INSPECTOR OF POLICE ALUVA POLICE STATION, ALUVA. 2. BABU,S/O. CHIRACKAL VEETTIL SREEDHARAN, CHIRACKAL VEETTIL HOUSE, ERUMATHALA, P.O.ASHOKAPURAM, ALUVA. 3. THANKAMANI,W/O.BABU -DO- -DO- G.P. SHRI. T.K. VIPINDAS FOR R1 ADV. SRI.N.N.SUGUNAPALAN, SR. ADVOCATE FOR R2 & 3 SRI.S.SUJIN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14201 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER DT.9.4.2010 IN I.A. NO. 963 OF 2010 IN I.A. NO. 963 OF 2010 IN R.S.A. NO. 1212 OF 2010 EXT.P2 : COPY OF JUDGMENT DT.17.2.2009 IN A.S. NO. 101 OF 2004 OF THE COURT OF THE PRL SUB JUDGE, NORTH PARUR. RESPONDENTS' EXHIBITS : EXT.R2(a) : TRUE COPY OF COMMISSION REPORT ALONG WITH EXT.C2 PLAN OF THE PROPERTY HELD BY RESPONDENT NO.2. EXT.R2(b): TRUE COPY OF THE DOCUMENT OF THE DEED OF THE PETITIONER. // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 14201 of 2010 A - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following relief. “issue a writ of mandamus or other appropriate writ, direction or order restraining the 1st respondent from harassing the petitioner and the members of his family in respect of the property of the petitioner and his son vis-a-vis of respondents 2 and 3 and further interfering with the civil dispute with respect to the property of the petitioner and respondents 2 and 3.” 2. Admittedly the matter commencing with O.S. 572 of 2009 on the file of the Munsiff Court, Alwaye is presently pending consideration before this Court in a Second appeal, W.P.(C).No. 14201 of 2010 2 which is yet to be admitted. According to the learned senior counsel, an order is passed in the said appeal. 3. We heard learned counsel for the parties, including the learned senior counsel for respondents 2 and 3. 4. According to the learned senior counsel, on the basis of the interim order passed, in terms of the interim relief sought and which amounts to staying the hands of the police from interfering in the matter, the respondents are being prevented from enjoying the fruits of the civil court's order. 5. We are of the view that if the police is to interfere in the matter, which is pending consideration in the civil court, it is more appropriate that the party who seeks interference of the court should seek the aid of the police through the civil court and obtain specific orders to the police, in which case the police will stay within the confines of the judicial order passed in the matter. 6. In such circumstances, we dispose of the Writ Petition as follows. We direct that the first respondent will not interfere in the W.P.(C).No. 14201 of 2010 3 civil dispute between the petitioner and respondents 2 and 3, unless there is a direction given by the Civil Court itself in the said regard. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm