A R LAKSHMANAN S KUNHUMUHARNMED Vs. BAVA HAJI

JUDGEMENT

(1.) Heard Mr. T. Krishnan Unni for the appellant, Mr. Chandrasekhar for the contesting respondents and the Government Pleader for the other respondents. This Writ Appeal is directed against the judgment of the learned Single Judge in O.P. No. 11968 of 1999 da ted 2 6 1999. The appellants are respondent Nos 12, 13 and 14 in the Original Petition The petitioners in the Original Petition, who are respondents 1 to 3 herein, filed the Writ Petition to direct respondents 1 and 2 in the Original Petition to grant the petitioners adequate police protection to enjoy their properties mentioned in Ext P2 injunction order without any obstruction or interference by respondents 4 to 14

(2.) It is submitted by counsel for respondents 1 to 3/petitioners in the Original Petition that the refusal by the police to render assistance to enjoy their property is illegal when a Civil Court has passed orders in their favour and that the police has a duty to grant protection to them to enforce the injunction order against the appellants herein and that the appellants have no right to take law in their hands and resort to violence and commit criminal offence. In support of his above submission, Mr. Chandrasekhar relied on an earlier judgment of this Court in O.P No 2804 of 1999 wherein the appellants submitted that they had no intention to violate the order of injunction

(3.) The learned Judge, without ordering notice to the appellants herein, straightaway ordered police protection if there is violation of the injunction order It is now represented by Mr. Krishnan Unni, learned counsel for the appellants that the judgment was rendered without hearing the appellants and that taking advantage of the injunction order, respondents 1 to 3 are proceeding further with construction unauthorisedly.