Thottathil B. Radhakrishnan, J.
We have heard the learned counsel for the petitioner, quite in extenso. We have also heard the learned Government Pleader.
2. In the circumstances of the case and having regard to the nature of the directions being issued hereunder, notice to private respondents is dispensed with, preserving their right to seek re-hearing of this writ petition, if need be.
3. The petitioner purchased certain shares of 'oodukoor' right in a particular item of land and later entered into partition with counter petitioners 1 to 6 in Ext.P1. It appears that, that interlocutory application order in favour of the petitioner was supported with an order of police protection from this Court. Ultimately, O.S.No.423 of 1999 of the Munsiff's Court, Varkala was decreed ex parte. The decree is one for permanent prohibitory injunction against trespass and from interfering with the peaceful possession and enjoyment of the plaint schedule property in that suit. A decree was also granted to put up an iron fence in the line demarcated as per Ext.C1(a) plan in the said suit.
4. The petitioner's plea is that the aforesaid decree was put in execution and a barbed wire fence was put up and thereafter, the defendants in that suit and their aids destroyed that fence and again trespassed into that property.
5. A decree for perpetual injunction is one that would generate cause of action on any act of its violation. If a particular fence that was put up in execution of the decree is interfered with, that is also a matter which the decree holder can seek further relief through the executing court or otherwise through the civil court, in accordance with law on the basis of the relevant facts. The writ petition filed seeking an order of police protection to re-erect the fence or to put up a compound wall even inside the property of the petitioner cannot be granted by the writ court, primarily, because, this court has to necessarily consider the facts, which would not be sustained on admissions. We are not persuaded to hold that there is any ground made out for granting police protection as sought for by the petitioner in relation to the property in question.
6. Be that as it may, we see that the civil court, even in executing the decree, is not powerless, if it comes to the view that aid of police is necessary to carry out and enforce its order.
In the result, the official respondents are directed to ensure that law and order is maintained and direction if any, issued by the jurisdictional civil court is appropriately carried out. The writ petition is ordered accordingly.
Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Sd/- BABU MATHEW P. JOSEPH, J UDGE.
Jvt