The petitioner, a widow, sought police protection and enforcement of property rights against her family members who obstructed construction. The High Court ruled that a writ of mandamus does not lie for property disputes where a civil forum has jurisdiction and alternate remedies exist.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932
WP(C).No. 21417 of 2010(B)
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PETITIONER(S):
------------------------SARASWATHY.S,W/O.LATE SUBRAMONIAN, AGED 50 YEARS, 39/235(6),GOKULAM,FRIENDS NAGAR, CHALA, THIRUVANANTHAPURAM.
BY ADV. SRI.C.K.MOHANAN
RESPONDENT(S):
2. PARVATHY, W/O.PADMARAJAN, T.C.39/235,GOKULAM, FRIENDS NAGER, CHALA, THIRUVANANTHAPURAM.
3. PADMARAJAN,T.C.39/235,GOKULAM, FRIENDS NAGAR, CHALA, THIRUVANANTHAPURAM.
4. SUBBAMMAL, T.C.39/235,GOKULAM, FRIENDS NAGAR, CHALA, THIRUVANANTHAPURAM.
5. SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM.
6. CIRCLE INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM.
7. COMMISSIONER OF POLICE,THIRUVANANTHAPURAM
8. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
R1 TO R4 BY ADV. SRI.K.MADHUSOODHANAN NAIR
SRI.K.K.SETHUKUMAR. 5 TO R8 BY GOVT. PLEADER SMT.KHARISHMA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.21417/2010
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE FI IN CRIME NO.995/09 REGISTERED BY THE 5TH RESPONDENT.
P2:- COPY OF THE PETITION DT. 27.6.2010 SUBMTITED BY THE PETITIONER TO THE 8TH RESPONDENT.
P3:- COPY OF THE BUILDING TAX RECEIPT DTD. 23.4.10 ISSUED BY CORPORATION OF TRIVANDRUM.
P4:- COPY OF THE BUILDING TAX RECEIPT DTD. 13.5.2010 BY CORPORATION OF TRIVANDRUM.
P5:- COPY OF THE PROPERTY TAX RECEIPT DTD. 6.4.2010 ISSUED BY VILLAGE OFFICER, MANACAUD.
P6:- COPY OF THE INTIMATION DTD. 16.8.2010 ISSUED BY THE CORPORATION OF TRIVANDRUM.
RESPONDENT'S EXHIBITS
R1(a):- COPY OF THE PARTITION DEED DTD. 16.2.2008 NO.610/2008 OF SRO, CHALA.
TRUE COPY
P.A. TO JUDGE
tss
**K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * *** W.P.C.No.21417 of 2010
Dated this the 9th day of November 2010
J U D G M E N T
K.M.JOSEPH,J
The petitioner has approached this Court seeking the following reliefs:
i) Issue a writ of mandamus or any other appropriate writ, order or direction directing commanding the respondents 5 to 8 to afford sufficient and adequate police protection to the life and property of the petitioner from respondents 1 to 4;
ii) issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents 5to 8 to take follow-up action on Exhibit.P1 so as to deter the respondents 1 to 4 from any further atrocities against the petitioner.
ownership and possession of 668 sq.ft. of homestead. Respondents 1 & 2 are the sisters of the petitioner. 3rd
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W.P.C.No.21417 of 2010
respondent is the husband of the 2nd respondent. 4th respondent is her mother. As per partition deed No.610 of 2008 of SRO, Chala, the petitioner has got the central portion of the building. It is stated that the petitioner was attacked on 05/12/2009 by the 2nd respondent with the help of her elder brother. Crime is registered and Ext.P1 is the F.I.R. She submitted Ext.P2 petition also. Counter affidavit is filed on behalf of respondents 1 to 4. The petitioner has filed a reply affidavit also.
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W.P.C.No.21417 of 2010
The learned Government Pleader would also submit that a complaint is received. Crime has been registered and partition deed has been cancelled. The learned counsel for the party respondents would also point out that actually Ext.P6 cannot be treated as permit. It is only a communication from the Corporation indicating that no permit is required for partitioning the property.
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W.P.C.No.21417 of 2010
and seek relief including interim relief against respondents 1 to 4, as she is advised.
(K.M.JOSEPH, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.21417 of 2010 5
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W.P.C.No.21417 of 2010
K.M.JOSEPH & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
30/082010
3 issues framed by the court
Whether a writ of mandamus lies for police protection in disputes over property rights.
Whether the petitioner has an alternate remedy via the civil court for restraining obstruction.
Whether the High Court should intervene directly in property disputes pending adjudication by a competent forum.
Saraswathy.S, w/o. Late Subramonian
Lakshmi Thirumalai
Parvathy, w/o. Padmarajan
Padmarajan
Subammal
Sub Inspector of Police, Fort Police Station, Thiruvananthapuram
K.M.Joseph
M.C.Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
