A Co Louth doctor and landlord, with his son and another man, burst into a house while a 16-year-old girl and her mother were not fully dressed, the Dublin Circuit Civil Court was told yesterday.
Judge Joseph Mathews was told the incident took place when the doctor "unlawfully evicted" a Sri Lankan couple and their three schoolchildren from a rented apartment in Dublin.
Judge Mathews, following an application seeking the family's immediate reinstatement, ordered Dr William Whately, Dundalk, not to re-let the apartment at Woodstock Gardens, Ranelagh, to anybody else pending further order of the court.
He also ordered Dr Whately to give Mr Krishna Kularajah Ponnudurai and his wife, Anulawathi, the three school uniforms belonging to their three children who are aged 9, 12 and 16.
Mr Seamus O'Tuathail SC, counsel for the family, all of whom are Irish citizens, said that in earlier Circuit Court proceedings both parties had agreed that a court order should be made in favour of Dr Whately for possession of the Ranelagh apartment.
Mr O'Tuathail, who appeared with Mr Ross Maguire, said it had been accepted the decree for possession would not be executed for a period of four weeks after the perfection and service of the court order.
He said the order was served on the family on September 11th which, they claimed, allowed them right of residence until October 11th next.
Mr O'Tuathail said that when Mr Ponnudurai arrived back at his apartment on Wednesday morning after having left his children to school he had been met by three men at the garden gate who barred him from entering the house.
They had told him he could not go in as he did not live at the house any more.
Mr Ponnudurai, in an affidavit, said the men, including Dr Whately and his son, had rushed into the house after his 16-year-old daughter had opened the front door to explain to them that she and her mother were not fully dressed.
The men had then started to throw the family's possessions into black plastic bags which they had thrown outside the door.
After leaving the house his wife had been refused leave to re-enter to use the lavatory.
Mr Ponnudurai told the court he and his family were now homeless.
Mr O'Tuathail said the family accepted a court order had previously been made by consent but the law stated that even in such circumstances there was a sole permissible procedure in executing a decree for possession and that was that it be carried out by the Sheriff and no other person.
He said the Sheriff had not even been informed of the eviction which had taken place much to the distress of Mr Ponnudurai and his family on Wednesday morning.
Judge Mathews said his colleague, Judge Hogan, had initially dealt with the matter and he felt the interests of justice for all parties would best be served if the interlocutory application for reinstatement was dealt with by him.
He granted interim relief restraining re-letting of the apartment and ordered Dr Whately to release the school uniforms.
He granted the issuing of short notice to Dr Whately of the intention to seek reinstatement at a later date before Judge Hogan.