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1979 Supreme(Ker) 220

P.SUBRAMONIAN POTI
K. C. THOMAS – Appellant
Versus
SUPT. OF POLICE – Respondent


Judgment :-

1. The dispute between the parties is essentially one of a civil nature and perhaps I could have summarily disposed of this O.P., but I am proposing to deal with it on the merits only because petitions of this nature appear to be quite common these days and therefore it would be profitable to define the limits of discretionary exercise of the power of this court in such matters. Before I set down my views on the principle involved let me deal with the case before me.

2. Having obtained an order for injunction, Ext. P1, from the District Judge's Court, Thodupuzha, restraining the 3rd respondent herein and others from enclosing the space of 3 feet touching the northern wall of the petitioner's building and constructing the shade "abutting over the petitioner's roof", the petitioner came to this court complaining that the 3rd respondent, who is highly influential as Chairman of a political party, is misconducting himself by violating the letter and spirit of the injunction order. It is said that the petitioner approached the police and because of the indifferent inaction by the police, he was driven to this court.

3. As it is there is an order of the civil court in force and




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