Kerala High Court
Boran vs Palanichamy on 3 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
OP(C) NO. 2537 OF 2021
AGAINST THE ORDER IN CMA No.6/2020 IN OS No.23/2019 OF
ADDITIONAL DISTRICT COURT, OTTAPALAM
PETITIONERS:
1 BORAN, AGED 56 YEARS, S/O.CHERUKKAN,
RESIDING AT KALKANDIYOOR,
KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
2 KADAN, AGED 53 YEARS, S/O.CHERUKKAN,
RESIDING AT KALKANDIYOOR,
KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
3 MARUTHACHALAM, AGED 51 YEARS, S/O.CHERUKKAN,
RESIDING AT KALKANDIYOOR,
KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
4 KUMAR, AGED 29 YEARS, S/O.MARUTHACHALAM,
RESIDING AT KALKANDIYOOR,
KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
5 RANGASWAMI, AGED 27 YEARS, S/O.MARUTHACHALAM,
RESIDING AT KALKANDIYOOR,
KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
(PETITIONER 2 TO 5 SIGNED THROUGH POWER OF
ATTORNEY IN THE NAME OF 1ST PETITIONER)
BY ADV. P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 PALANICHAMY, AGED 54 YEARS,
S/O.KARUPPANNANMUTHALIYAR,
RESIDING AT NO.18TH HOUSE, JAVAHAR NAGAR,
THIRUPPUR TALUK - 641601, TAMIL NADU.
O.P.(C).No.2537 of 2021
2
2 MALLEESWARAN, AGED 50 YEARS,
S/O.BALASUBRAMANIAN CHETTIYAR,
RESIDING AT KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678582, PALAKKAD DIST.
3 PARAMESWARI, AGED 24 YEARS, W/O. PALANICHAMY,
RESIDING AT NO.15TH HOUSE, JAVAHAR NAGAR,
THIRUPPUR TALUK - 641601, TAMIL NADU.
4 GAJALAKSHMI, AGED 49 YEARS, W/O.MALLEESWARAN,
RESIDING AT KOTTATHARA AMSOM DESOM,
MANNARKKAD TALUK - 678 582, PALAKKAD DIST.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.2537 of 2021
3
JUDGMENT
This is an application filed under
Article 227 of the Constitution of India
challenging Ext.P8 order dated 25.02.2021
passed by the Munsiff Magistrate, Mannarkad in
I.A.No.937/2019 in O.S.No.23/2019.
2. The crux of the order is that
I.A.No.89/2019 filed by the petitioners/
plaintiffs in O.S.No.23/2019 (who are the
respondents herein) for an interim injunction
restraining the respondents/defendants in
interfering with the possession or committing
any damages or wastes in the petition schedule
property, was allowed. Thereafter, the
petitioners herein, who are respondents/
defendants violated the order interim
injunction and caused damages to the plaint
schedule property. Thereafter the petitioners
/plaintiffs approached the Munsiff Court and
O.P.(C).No.2537 of 2021
sought enforcement of the order with the aid
of police, by filing I.A.No.937/2019. It was
allowed highlighting the decisions in
Kochupennu Ambujakshi and Another v. Velutha
Kunju Vasu Chanar and Others : 1992(2) KLJ 606
and John Kuriakose v. Father Thomas Paul
Rampan and Others : 2019 (1) KLT (6).
3. It is submitted by the learned counsel
for the petitioners that it is the property of
the respondents. That is a matter to be
adjudicated during trial and I am not inclined
to address the same. Since there is no
challenge against the interim order of
injunction passed by the trial court, it is
well within the power of the civil court to
enforce the same order by giving police
assistance, on the finding that such a course
of action is absolutely necessary to protect
the interest of justice. As such the order
O.P.(C).No.2537 of 2021
impugned is absolutely in order and the same
deserves no interference.
Therefore, the Original Petition is devoid
of merits and is accordingly dismissed.
Sd/-
A.BADHARUDEEN, JUDGE.
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O.P.(C).No.2537 of 2021
APPENDIX OF OP(C) 2537/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF ORDER OF SUB COLLECTOR,
OTTAPALAM ON 27.07.1993.
EXHIBIT P2 THE TRUE COPY OF ORDER OF THIS HON'BLE
COURT IN WA NO.93/1994 ON 25.07.2000.
EXHIBITS P3 & THE TRUE COPY OF ORDER OF SUPREME COURT
P3(A) IN CIVIL APPEAL NO.8254/2001 DATED
30.08.2011 AND 01.10.2012.
EXHIBIT P4 THE TRUE COPY OF NEWS REPORT IN HINDU
DAILY DATED 18.10.2016.
EXHIBIT P5 THE TRUE COPY OF JUDGMENT IN OS
NO.100/2009 ON 28.09.2018 OF THE MUNSIFF
- MAGISTRATE COURT, MANNARKKAD.
EXHIBIT P6 THE TRUE COPY OF THE PLAINT IN OS
NO.23/2019 DATED 05.01.2019 OF THE
MUNSIFF COURT, MANNARKKAD.
EXHIBIT P7 THE TRUE COPY OF ORDER IN IA NO.89/2019
IN OS NO.23/2019 DATED 30.01.2020 OF THE
MUNSIFF - MAGISTRATE COURT, MANNARKKAD.
EXHIBIT P8 THE TRUE COPY OF ORDER IN IA NO.937/2019
IN OS NO.23/2019 DATED 25.02.2021 OF THE
MUNSIFF - MAGISTRATE COURT, MANNARKKAD.
EXHIBIT P9 THE TRUE COPY OF ORDER IN CMA NO.6/2020
IN OS NO.23/2019 ON 22.10.2021 OF THE
ADDITIONAL DISTRICT JUDGE, OTTAPALAM.
