IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32746 of 2011(P) -------------------------------- PETITIONER(S): ------------------ MASIN ALEX MATHEW, S/O ALEX MATHEW, PULLURUTHIKKARI, VADAKKUM MURI, CHRTHALA - 688524. BY ADV. SRI.H.RAMANAN SRI.ALEX N.MATHEW (KOLLAM) SRI.JAMES JOSE RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE, CHERTHALA - 688508. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001. 3. ALEX MATHEW, S/O ALEXANDER, PULLURUTHIKKARI, VADAKKUM MURI, CHERTHALA - 688524. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32746 of 2011(P) APPENDIX PETITIONER'S EXTS EXT.P1:- IA NO.1586/11 IN OS 355/09 FILED BY THE PETITIONER IN MUNSIFF COURT, CHERTHALA (TRUE COPY) EXT.P2:- COMMON ORDER IN IA.2062/09 AND IA.1586/11 PASSED BY MUNSIFF COURT, CHERTHALA (TRUE COPY) EXT.P3:- PETITIONERS COMPLAINT TO 1ST RESPONDENT (TRUE COPY) EXT.P4:- PETITIONERS COMPLAINT TO 2ND RESPONDENT (TRUE COPY) //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32746 of 2011 ------------------------------------------------ Dated this the 8th day of December, 2011 JUDGMENT Pius C. Kuriakose This is an unfortunate case where a son seeks protection for his life against his own father. His pleadings as well as the various materials placed on record by the petitioner will show that there has been civil litigations between the father and the son and the petitioner has already obtained an order of injunction restraining the 3rd respondent, his father from interfering with the petitioner's possession and enjoyment of a building which the petitioner has put up on land which was given to him by his father. The case of the petitioner as stated in the Writ Petition is that even now the 3rd respondent is creating all sorts of troubles with the result that he is unable to let out portions of the building belonging to him to tenants of his choice. He even states that there is subsisting threat to his life and limbs W. P. C. No.32746 of 2011 -2- from the part of his father, the 3rd respondent. 2. A reading of Ext.P2 injunction order shows that the Principal Munsiff's Court of Cherthala has restrained the 3rd respondent from “trespassing into the petition schedule building within the petition schedule property (the building put up by the petitioner on land given to him by his father) and restraining the 3rd respondent from obstructing enjoyment of the building by the petitioner and his tenants”. If what the petitioner alleges is true the 3rd respondent's action amounts to violation of the injunction order. We are of the view that the proper remedy available to the petitioner is to move the Munsuffi's Court for enforcement of the injunction order and also simultaneously to initiate proceedings under Order 39 Rule 2A. If the petitioner seeks enforcement of the injunction order he is free to seek assistance of the police also for enforcing the injunction order. 3. Sri.H.Ramanan, the learned counsel for the petitioner submits that the situation is so tense that unless the 1st W. P. C. No.32746 of 2011 -3- respondent is directed to keep constant vigil and to maintain law and order situation, there is likelihood of danger to the petitioner's life and limbs. Considering the close relationship between the petitioner and the 3rd respondent, we feel that the allegations of the petitioner are exaggerated. Even then as it is the duty of the 1st respondent to maintain law and order within the area under his domain we issue a direction to the 1st respondent to keep constant vigil over the petitioner and the 3rd respondent and the building put up by the petitioner and the residential house of the 3rd respondent and to ensure that no law and order situation or violence arises/erupts on account of the dispute between the petitioner and the 3rd respondent. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.32746 of 2011 -4-