IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17616 of 2008(V) -------------------------- PETITIONER: ------------ ASIF K.P., AGED 25, S/O.ABOOBACKER V.K. "ARYAS", PUNNON, KURICHIYIL P.O., KODIYERI AMSOM, THALASSERY. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, THALASSERY. 2. KUNDENCHERRY MOIDU HAJI, BUSINESS, KUNDANCHERY HOUSE, P.O.NADAPURAM, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. K.HARIDASAN, S/O.BALAN, PRESIDENT, BHARATHIYA JANATHA YUVA MORCHA, THALASSERY MANDALAM COMMITTEE, RAMAKRISHNA MANDIR, THALASSERY AMSOM, VADIKAKOM DESOM, RESIDING AT AISWARYA, NEAR REST HOUSE, P.O. THALASSERY - 1. 4. STATE OF KERALA, REP BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER MR. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 17616 OF 2008 ============================ DATED THIS THE 12TH DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is a tenant in the building owned by the second respondent. The third respondent has filed a suit, O.S.No.186/2008 before the Munsiff Court, Thalassery against the second respondent and others and obtained Ext.P2 interim injunction order. The said order of the Munsiff Court has injuncted the defendants in that suit and also all persons claiming rights under them including tenants from carrying on business in the plaint schedule building. Admittedly the petitioner is carrying on business in that building. The petitioner submits, he is not a party to Ext.P2 and therefore he is entitled to continue to do the business and for that he seeks police protection. Though the petitioner filed Ext.P3 representation before the police, they did not extend necessary help. Hence, this writ petition. 2. We feel that the police have no duty to help the petitioner to do the business in violation of Ext.P2. Therefore, we cannot ask the police to help the petitioner to flout the order of the competent civil WPC. 17616/2008 -2- court. If the petitioner is aggrieved by Ext.P2, his remedy lies elsewhere and not before the police. Accordingly, this writ petition is dismissed without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.