Jomer Avalon Apartments Owners ... vs The Commissioner Of Police
2022 Latest Caselaw 752 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                           WP(C) NO. 30613 OF 2021
PETITIONER:

              JOMER AVALON APARTMENTS OWNERS WELFARE ASSOCIATION
              JOMER AVALON, CARRIER STATION ROAD, ERNAKULAM SOUTH,
              KOCHI - 682016, REPRESENTED BY ITS TREASURER, K. THOMAS
              ABRAHAM, S/O. LATE K. T. ABRAHAM.

              BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

     1        THE COMMISSIONER OF POLICE
              COCHIN CITY POLICE, ERNAKULAM - 682031.

     2        STATION HOUSE OFFICER
              CENTRAL POLICE STATION, NEAR HIGH COURT OF KERALA,
              ERNAKULAM - 682031.

     3        C. PREM KUMAR
              SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, NEAR
              HIGH COURT OF KERALA, ERNAKULAM - 682031.

     4        RAJASEKHARAN G.
              AGED 58 YEARS
              S/O. P. GOPALAN NAIR, FLAT NO.1A, JOMER AVALON, CARRIER
              STATION ROAD, ERNAKULAM SOUTH, KOCHI - 682016.

              BY ADV S.ANEESH


OTHER PRESENT:

              C.SEENA-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.30613 OF 2021                   2




                                   JUDGMENT

Dated this the 17th day of January, 2022

This writ petition is filed seeking direction restraining

respondents 1 to 3 from interfering in the civil disputes between

the petitioner and the 4th respondent and further seeking direction

that the petitioner shall not be harassed by the police to settle the

disputes.

2. The learned counsel for the petitioner submits that on

complaints being submitted by the son of the 4 th respondent, the

3rd respondent had illegally entered the premises of the petitioner

and had removed a chain placed by the petitioner, to protect a

disputed area being a car park. The learned counsel for the

petitioner submits that the petitioner is filing an appeal from the

order of the civil court and the said right of appeal is defeated by

the action of the 3rd respondent.

3. The learned counsel appearing for the 4th respondent

submits that the interim injunction application filed by the

petitioner against the 4th respondent stands dismissed and that the

petitioner is now being permitted to park the vehicle in the alloted

car park. It is submitted that since the matter is purely a civil

dispute. The petitioner has to take appropriate action in

accordance with law.

4. Having considered the contentions advanced and in

view of the fact that OS No.194/2021 is said to be pending before

the Munsiff's court Ernakulam, I am of the opinion that the

respondents 1 to 3 have no right to interfere in the civil dispute

between the parties.

The official respondents shall not get involved in the civil

dispute between the petitioner and the 4th respondent. The civil

disputes shall be resolved in accordance with law. The respondents

shall not summon or harass the petitioner with respect of the civil

dispute between the parties.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ska

APPENDIX OF WP(C) 30613/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.194/2021 FILED BEFORE THE MUNSIFF COURT, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE ORDER IN I.A.NO.2 OF 2021 IN O.S.NO.194/2021 OF MUNSIFF COURT, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE PETITION IN I.A.NO.5/2021 IN O.S.NO.194/2021 FILED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE PETITION IN I.A.NO.6/2021 IN O.S.NO.194/2021 FILED BY THE 4TH RESPONDENT.