IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 14555 of 2008(F) -------------------------- AGAINST THE ORDER DATED / / IN IA 2366/07 IN OS.301/2007 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: ------------ ALIYAR, AGED 60 YEARS, S/O VEERAN, KUNJATHIL HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.RAJAGOPAL SRI.THOMAS M.JACOB RESPONDENTS: ------------- 1. M.A.SAJIMON, AGED 33 YEARS, S/O ALIKUNJU, MADATHIL HOUSE, KEEZHMADU KARA, ALUVA EAST VILLAGE. 2. THE STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, PERUMBAVOOR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.14555 of 2008 ------------------------------- Dated this the 21st May, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India alleging that inspite of Ext.P9 direction given by the trial court to the Station House Officer, Perumbavoor Police Station, no assitance was given by the police to enforce the order in I.A.No.2780/2007. As per Ext.P4 order in I.A.No.2780/2007 filed by the petitioner-defendant in O.S.No.301/07, trial court restrained respondent-plaintiff-by an order of temporary injunction from obstructing the use of plaint 'C' schedule way to reach plaint 'B' schedule property. It was challenged before Sub Court, Perumbavoor, in C.M.A.No.4/2008. Under Ext.P5 order, Ext.P4 order was confirmed subject to the modification to the effect that plaint 'C' schedule way does not have an entrance to plaint 'B' schedule property. It is thereafter Ext.P9 direction was given to the police in Ext.P8 application filed by the petitioner, by the Munsiff. Ext.P9 shows that police was directed to provide assistance to the petitioner to enforce order in I.A.No.2780/2007 subject to 'any modification in the order in C.M.A.No.4/2008'. The order in W.P.(C) No.14555/2008 2 CMA.No.4/2008 specifically states that the order is modified, and therefore, the order in I.A.No.2780/07 could be enforced only subject to Ext.P5 order. In the light of Ext.P5 order, it is clear that assistance of police as sought for cannot be granted to the petitioner. If any other direction is necessary, it is for the petitioner to approach the trial court for appropriate directions. With the liberty to the petitioner to approach the learned Munsiff for appropriate directions, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.