R RENU CHANDRAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Repeatedly, a number of original petitions are coming before this court invoking our writ jurisdiction when the right remedy would have been to move the civil court. Counsel complain that civil court orders are flagrantly disobeyed with impunity and that the police take no action in the matter. We must straight away point out that there is some misconception in making this argument. The police per se not concerned with the orders of civil court. Any civil dispute between the citizens is a matter to be decided by the civil court. If an order of the civil court is not obeyed, there is a procedure under the code of civil procedure by which the order can be executed. In execution, where there is obstruction by a person who is bound by the decree and claiming through the judgment debtor, the civil court is empowered to issue direction for enabling the execution, if necessary, with the aid of the police.

(2.) Without recourse to these steps, there has been an attempt to straightaway rush to this court and invoke its writ jurisdiction. Perhaps, that explains why this court has the dubious distinction of 60585 numbers of original petitions pending as on 9.8.2002.

(3.) Another argument is that, in this state trade unions appear to have a special previlaged status as police do not act against them. We assume, this again is an erroneous impression. The police are bound to act against any person who breaks the law or indulges in violence and the trade unions are no exception to this. No concrete instance has been brought to our notice where an injunction order issued by a competent civil court has been disobeyed with impunity. An order made by a civil court, even at the lowest level is entitled respect an it is the duty of all citizens, the police and the trade unions without exception to respect and obey the orders of the court. In case they do not, then the machinery of enforcement is available in the civil Procedure Code. In case nothing moves, then the doors of this court are open to such citizens. Original petition is dismissed, subject to aforesaid.