IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 33334 of 2008(R) -------------------------- PETITIONERS: --------------- 1. V.M.RADHAKRISHNAN S/O. P.VELAYUDHAN NAIR, AGED 50, SURYA TOWERS, KUNNATHUR MEDU P.O. PALAKKAD 678 013. 2. ABDUL SALAM, S/O.MOIDUNNI HAJI, AGED 48 , SURYA TOWERS, KUNNATHUR MEDU P.O. PALAKKAD 678 013. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE PALAKKAD SOUTH CIRCLE, PALAKKAD. 2. THE SUB INSEPCTOR OF POLICE PALAKKAD SOUTH POLICE STATION, PALAKKAD. 3. R.KRISHNAN THOTTUNGAL, WEST YAKKARA, PALAKKAD-14. 4. MRS. KUMARI COUNCELLOR, PALAKKAD MUNICIPALITY MONAMKAVU HOUSE, WEST YAKKARA, PALAKKAD-14. ADV. SRI.KOSHY GEORGE FOR R3 & 4 GOVT.PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33334/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICES DE.21.7.2008. EXT.P2: COPY OF THE BUILDING PERMIT ISSUED BY THE PALAKKAD MUNICIPALITY DT.28.8.2008. EXT.P3: COPY OF THE DEMAND DRAFT DT.2.9.2008. EXT.P4: COPY OF THE DEMAND DRAFT DT.15.10.2008. EXT.P5: COPY OF THE NOTICE DT.6.9.2008 ISSUED BY THE R.D.O. PALAKKAD. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT.8.11.2008. EXT.P7: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DT.8.11.2008. EXT.P8: COPY OF THE PETITION SUBMITTED BEFORE THE FIRST RESPONDENT ON 13.11.2008. EXT.P9: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE PLAINT IN O.S.NO.668/08. EXT.R3(b): COPY OF THE AD-INTERIM INJUCTION ISSUED IN I.A.NO.4106/2008 IN O.S.NO.668/08. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.33334 OF 2008 ---------------------------------------- Dated this the 28th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners have approached this Court, seeking protection against the actions of the respondents 3 and 4, who are allegedly causing obstruction to the construction of a multi storied building by them. Though police was moved, no action was taken, it is submitted. But, during the pendency of the writ petition, the petitioners have moved O.S.No.668/2008 before the Munsiff's Court, Palakkad and obtained Ext.R3(b) injunction order, restraining those persons from trespassing into the plaint schedule property, which is admittedly the work site of the petitioners, and causing any obstruction or committing any mischief there. Remedy under Article 226 is not concurrent. Since the petitioners have already moved the civil court, this writ petition is closed, without prejudice to the contentions of the petitioners and their right to pursue the above civil suit. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps