KOMALAKUMARAN Vs. FRANCIS

JUDGEMENT

(1.) THE petitioner obtained Ext.P2 order of temporary injunction order on 15.07.2010. He now says that there is a likelihood of that injunction order being violated. He further says that this would result in law and order situation, since the violation would result in breaking open a way, which does not exist.

(2.) THE controversy relating to the property is essentially, a civil dispute. A civil suit is also pending in the matter. If there is any attempt to violate the injunction order, it will be open to the petitioner to seek appropriate measures from the civil court itself. When an order of injunction is issued, the civil courts are not powerless to obtain enforcement thereof. However, the police have to ensure that there is no law and order problem. Under such circumstances, as of now, there is no material to assume that any direction is called for in the presence of the private respondents. Accordingly, we dispense with notice to those respondents. Leaving open the liberty of the petitioner to move the civil court for further orders, if any required and available on the basis of Ext.P2 and without prejudice to the contentions of the private respondents, this Writ Petition is ordered, directing that respondents 6 and 7 and other police officers, having jurisdiction over the area under the control of them, will ensure that law and order is maintained.