NISARUDEEN Vs. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner has approached this court seeking the following relies:

(2.) WE heard the learned counsel for the petitioner and the learned Government Pleader. We are of the view that the petitioner is to be relegated to approach the civil court wherein the third respondent has already filed a civil suit, O.S. No. 666/2012. It is open to the petitioner to move the civil court where the suit filed by the third respondent is pending and seek injunction as advised. In the facts of this case, we are not inclined to exercise our extra ordinary jurisdiction in favour of the petitioner, particularly in view of the fact that the civil suit filed by the third respondent is already pending. The petitioner's apprehension is that there may be delay in disposal of the injunction application. Hence, we direct that if the injunction application is filed before the civil court where the suit is already pending, the said civil court will dispose of the application at the earliest, without undue delay. If the petitioner is constrained to file an application for police protection, the same will also be disposed of without any delay.