IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 10382 of 2011(W) ----------------------------------- PETITIONER(S): ------------------- 1. VINEETHA SKARIA, W/O.PRASAD, AGED 30 YEARS, PATTUPALATHADATHIL HOUSE, RESIDING AT OORAKKUNNEL HOUSE, PIRAMADOM P.O., ERNAKULAM DISTRICT. 2. PRASAD, S/O.GOVINDAN, AGED 39 YEARS,OOR AKKUNNEL HOUSE, PIRAMADOM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): -------------------- 1. S.I. OF POLICE, RAMAMANGALAM - 686663. 2. CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ - 682308. 3. DY S.P. OF POLICE, MUVATTUPUZHA - 686661 4. I.G OF POLICE, CENTRAL ZONE, ERNAKULAM - 31. 5. JOHNY V., KANDAMPARAMBIL, S/O.VARKEY, AGED 67 YEARS, KANDAMPARAMBIL HOUSE, PIRAMADOM KARA, ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK - 686661. 6. P.J.GEORGE, S/O.ULAHANNAN, PATTUPALATHADATHIL HOUSE, MEMMURY KARA, PAMPAKUDA P.O., - 686664. R1 TO R4 BY GOVT.PLEADER SRI.T.K.VIPINDAS R5,6 BY ADVS. SMT.SANTHAMMA ISSAC SRI.N.C.THOMAS SMT.ANU THANKAM MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10382/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P2: COPY OF THE I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P3: COPY OF THE ORDER DATED 27/01/2011 IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P4: COPY OF THE COUNTER AFFIDAVIT IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P5: COPY OF THE ORDER DATED 21/02/2011 IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P6: COPY OF THE ORDER DATED 21/02/2011 IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P7: COPY OF THE ORDER DATED 04/03/2011 IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P8: COPY OF THE ORDER DATED 18/03/2011 IN I.A. NO.382/2011 IN O.P.NO.164/2011 BEFORE THE FAMILY COURT, ERNAKULAM. P9: COPY OF THE COMPLAINT DATED 26/03/2011. P10: COPY OF THE ORDER DATED 11/04/2011 IN I.A. NO.382/2011 & I.A.NO.679/2011 IN O.P.NO.164/2011 ON THE FILES OF FAMILY COURT, ERNAKULAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.10382 of 2011-W ***************************** Dated this the 1st day of June, 2011 JUDGMENT BASANT, J. The petitioners, spouses, have come to this Court complaining of harassment by the police. The grievance of the petitioners is that respondents 1 to 4, under the influence of respondents 5 and 6, are interfering in the property dispute between the petitioners and respondents 5 and 6. 2. The learned counsel for the petitioners submits that the 1st petitioner has secured Ext.P10 order from the Family Court, which restrains the respondents therein, including respondents 5 and 6 herein, by a temporary order of injunction from interfering with the right of the petitioner to possess and enjoy the property scheduled as item No.2. The grievance of the petitioners is that notwithstanding the said order, the police are interfering in the property dispute between the petitioners on the one hand and respondents 5 and 6 on the other. Police have W.P(C) No.10382 of 2011-W 2 no business to interfere with the dispute between the petitioners and respondents 5 and 6. Interference and consequent harassment by the police may be abated by issuing appropriate directions under Article 226 of the Constitution, prays the learned counsel for the petitioners. 3. Respondents 5 and 6 have entered appearance through a counsel. Ext.P10 order of injunction is accepted. It binds respondents 5 and 6. They want to challenge that order. An appeal has already been filed. No interim order is passed by this Court exercising jurisdiction under Section 19 of the Family Courts' Act. Orders are sought. The learned counsel for respondents 5 and 6 submits that respondents 5 and 6 shall abide by Ext.P10 order and shall not in any way cause harassment to the petitioners. 4. The learned Government Pleader after taking instructions submits that Ext.P10 order was passed only on 11.04.2011; whereas this Writ Petition was filed as early as on 30.03.2011. The order that was in force from 18.02.11 to 11.04.11 was Ext.P5 order, which modifying an earlier order of injunction, only directed maintenance of status quo. After the W.P(C) No.10382 of 2011-W 3 said order Ext.P5 was passed, allegations were raised by respondents 5 and 6 that the petitioners herein were causing damage and destruction to the property in violation of Ext.P5 order. On receipt of the complaint, police had called the parties and directed them to scrupulously comply with the order of the civil court and not take law into their hands. This is being misinterpreted as harassment and vexation. The police is now aware of Ext.P10 order passed. There shall be no further action on the part of the police against the petitioners since they have secured a valid order of injunction. Until the order of injunction stands, police shall not interfere in the dispute between the parties. 5. We have gone through the sequence of events. We find merit in that submission of the learned Government Pleader. We accept the undertaking of the learned Government Pleader on behalf of respondents 1 to 4 that in the light of Ext.P10 order, police shall not in any manner intervene in the civil dispute between the parties. 6. Accepting the submission of the learned Government Pleader, this Writ Petition is dismissed. W.P(C) No.10382 of 2011-W 4 7. We make it clear that we have not intended to express any opinion on the correctness, acceptability or maintainability of Ext.P10 order. It shall be open to the parties to raise appropriate contentions before the appellate court. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.10382 of 2011-W 5 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.10382 of 2011-W ***************************** Dated this the 24th day of May, 2011 O R D E R BASANT, J. Reply affidavit has been filed by the petitioners to the counter affidavit filed by respondents 5 and 6. 2. For hearing and disposal, call finally on 31.05.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/